Nov. 11. 1854.] 



JI^OTES AND QUERIES. 



377 



LONDON. SATURDAY, NOVEMBER 11. 1854. 



■WILL AND TESTAMENT. 



It Is a common practice with professional men, 

 ■when they make a will for a client, to commence 

 ■with the words " This is the last will and testa- 

 ment," which words imply a two-fold character. 

 Now, we have often heard of a distinction witliout 

 a ditference ; and, as an exhibition of the distinc- 

 tion between the will and the testament, I send 

 you a copy of the will and testament of one of the 

 Skynner family, and, as I presume, the grand- 

 father of Sir Vincent Skynner, who at one time 

 resided at Thornton College, In this county. Here 

 we have the will In two parts, the one designated 

 the win and the other the testament ; but it has 

 so many other peculiarities, that It may ■well be 

 considered as deserving a place in your public 

 record. 



I think I had the will with some papers from 

 an old worthy aunt, who, through the Weslyds^ of 

 Grimsby, was descended from this Skynner family ; 

 but whether Sir Vincent was a descendant of this 

 Robert, I have not yet positively ascertained ; and 

 whether It will so far interest any of your readers 

 to Inform me, I know not, as I have no greater 

 object than the correc-tion of my pedigree of the 

 family. The technical distinction at the same 

 time, which is here displayed between the will 

 and the testament, may be worthy of remark. 



" In the Name of God, Amen. The Seconde Day of 

 Januaiye, in the yere of C Lord God mvcxxxv. I, 

 Robert Skynner, of the p'she of Sainte John in Wyke- 

 ford, in the ciiie of Lincoln, being hole in mynde and of 

 good remembrance, ordeyne and make this my testament 

 and last will in the manner and fourme followinge : First, 

 I bequeatli my soule to Almightye God my Maker, to 

 the blessed Virgin his mother, and to all the holye com- 

 panye of hevyn, my body to be burj'ed w'in the p'she 

 churche of Sainte John the Evangelist beforesaid. Also, 

 I bequeath to the high aulter there, for my tythes negli- 

 gently forgotten, xiic?. Also, I bequeath to the Mother 

 Church of Lincohi, xiirf. Also, I bequeath to the warke 

 there of our Lady, xxd. Also, I bequeath to the bowses 

 of the iiii orders of freres w'in the citie of Lincoln before- 

 sayde, to every one of them, iiis. iiiici. Also, I bequeath 

 to Thorpe Churche, in the Marshe, where I was borne, 

 iiis. iiiirf. Also, I bequeath to Alhallows Church, in 

 Waynetleete, where my father lyethe, iiis. iiiirf. Also, 

 I bequeathe to Sainte Mary Churche, in Wayneflete, 

 iiis. niid. Also, I bequeathe to Spillisbye Church, where 

 my mother lyethe, iiis. iiiirf., of this coridicon followinge, 

 that the saide iiii orders of freres, and the jui-atts of the 

 iiii churches before namjal, shall say or singe dirge masse 

 and masses in their propre churches w'in the space of 

 three dayes next after that they be paid the said mv be- 

 quests,^or my sowle, my father and mother sowles", and 

 all Xpens [Christian persons'^ sowles. Also, 1 bequethe 

 to the Clarke Guilde ul on this condicon followinge, that 

 when ys rehearsyd the names of the brethren of the saide 

 guilde to sale for my soule and all soules De piofundis. 

 Also, I bequethe to the parishe churche of Sainte John 

 Evangelist, in Wykeford beforesayde, vs. iiiid. yerely, to 



be taken of the profites of the howse, the whiche I have 

 by indenture, scituate in the saide p'ishe, of Master John 

 Hall of Grantham, for the space and tyme of my lease, of 

 this condicon, that the churchewardens of the saide 

 churche shall cause dirge and v masses, w' one of re- 

 quiem, to be said and sunge w*in the said churche of 

 Sainte John, and xiiiirf. of the saide bequest for bredd; 

 and also to the clarke, iiiirf. ; and for candells, ud.: as 

 long as my lease indurythe, and the said dirge and 

 masses to be done the yere daie after my dep'tinge. 

 And if it fortune the saide wardens lack of payment of 

 the said yerely paymente of vs. iiiirf., then I will that thev 

 enture of and in the saide howse or in any p'cell there- 

 of, and thereto strajme and to hold w' them to they be 

 fully paid of the saide my bequeste ; and if it fortune the 

 said wardens of the saide churche lacke of the condicons 

 before specifyed, then I bequethe the said vs. i'md. unto 

 the Clarkes Guild in the manner and condicons before 

 named ; and if the wardens of the said Clarkes Guilde do 

 not observe the manner and condicons before specified, 

 then I will y« said my bequest of vs. iiiirf. remaj'ne to the 

 discrecon of my executours. Also, I bequeth to John 

 Skinner, m}' sonne, x/. st, my best gowne, my best dub- 

 lett, my jacket t of chamlett. Also, I bequethe" to Richard 

 Skinner, my sonne, xZ. st., my go-wne -with the fox furre, 

 my second dublett, and my second jackett. Also, I be- 

 queath to Alexander Skynner, mj' sonne, x/. st., and mv 

 gowne lined with chamlett, my third dublett, and mV 

 third jackett. Also, I bequethe to Mary Skinner, my 

 doughter, xZ. st. Also, I bequethe to Catheryne Skinner, 

 my doughter, xZ. st. Also, 1 bequethe to Agnes Skinner, 

 my doughter, xZ. st. Also, I bequethe to Alys Skinner, 

 my doughter, xZ. st. And if it fortune that' any of the 

 said my cliildren deceas, or they be of lawful age to oc- 

 cupy the said mj' bequest, then I will that the said my 

 bequest unto them bequethed, the one-half thereof to be 

 dispoased in dedys of charity for their soules and all 

 XpeTis, and the other halfe of their said bequests equally 

 to be divided amongst the other my children then longer 

 livinge by even porcons ; and if it fortune that all my 

 children deceas and dye before they come to lawful age 

 (that God forbid), then I will all the said my bequests 

 unto my children to be dispoased in dedys of charitie and 

 good works ; and that then an honeste priste to singe for 

 my soule, their soules, and all Xpelis soules, so far as the 

 said bequests will extende. Also, I will that a trentall of 

 masses be said for my soule, mj' father and mother soules, 

 and all Xpens soules, the day of my buryall. Also, I will 

 that an honeste priste shall singe for my soule, mv father 

 and mother soule.s, and all Xpens soules, that h;!t!i loste 

 helpe and standys moste nede w'in the p'ishe church of 

 Sainte John Evangelist beforesayde the space of one yere, 

 and he to have for his salary iiiiZ. xiiis. iiiitZ. And the 

 said priste shall for that yere helpe to mayntayne the 

 service of God there to the best of his power; and that 

 he be a singeing man, for the ma^'ntaynyne of the said 

 service. Item. I will that theire be gevyn in almes, 

 where nede requireth, by the discrecon of mj'ne execu- 

 tours, xxZ. sterlinge. The residue of all my goods before 

 not bequethed, my debts, legacies, and funerall expenses 

 paid and fulfilled, I give and bequeath unto Alys mv wife, 

 whome I ordeyne and make myne executrix. And I or- 

 deyne and make John Skynner and Richard Skynner, my 

 sonnes, executors w' the said Alys my wife, they to use 

 and dispoase thereof as they think best, so it ha to the 

 pleasure of God, the healthe of my soule, and all Xpens 

 soules. Also, I ordeyne and make my brother, William 

 Palfrayman, the sup'visor of this my testament and last 

 will, he to informe the said myne executors that the said 

 my testament and last will may be truh' p'fonrmed and 

 fulfilled. And I bequeath the .said William Palfrayman, 

 for his laV of the same, x/. sterlinge. These beinge wit- 



