MRP: Thomas Burnell will
Thomas Burnell will
PROB 11/305 May 104-157 Will of Thomas Burnell, Clothworker of London 02 October 1661
Editorial history
07/12/11, CSG: Restructured page
Contents
Abstract & context
Thomas Burnell was a London merchant and a subscriber to the SVJS. In his will he described himself as "Cittizen and Clothworker of London."
Writing his will in 1661, Thomas Burnell XXXX.
Suggested links
See John Burnell senior will (father of Thomas Burnell)
See Hesther Burnell will (mother of Thomas Burnell)
See John Burnell junior will (elder brother of Thomas Burnell)
To do
(1) Check this transcription
Transcription
This transcription has been completed, but required checking, 12/10/11]
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IN THE NAME OF GOD AMEN I Thomas Burnell Cittizen and Clothworker of London being at this present praised be God in perfect mind and memory and considering the instabillity of the time and certainty of our Mortallity together with the uncertainty of the tyme place and Manner as Allsoe for the better settlinge of my mind when it shall please god to call me out of this life vaile of my xxx still Remembering the sayings of S:t Jerome which soundeth dayly in myne eares Surgite mortui et venite ad Judicium, I therefore Institute this my last will and Testament In manner and forme following viz:t first and above all things I humbly Recomende my precious soule unto god my Creator constantly beleiving and trusting in the meritts of my onely Saviour Jesus Christ for the Salvacon of my Soule still hoping through stedfast ffayth that as he dyed for mankind and rose againe for our Justification, and Alsoe for me, though the cheefe of sinners And for my body if I depart this life in London my will and desire is that it may be buried within the chancell doors of the parish church of Allhallows Barkinge London neare Tower hill under the grave stone there lyinge where my deare brother John Burnell and his vertuous wife Mary (of worthy memory) lyeth buried: But if it shall please the Allmighty that I shall die at Stanmore Magna, then my desire is that I may be buried there in the vault within that chancell doors (CSG: or tomb) of the sayd parish church where the bones of my deere deced Father and Mother lyeth buried on the decision of my loveing and deare wife Hester Burnell
And for my worldly goods wherewith it hath pleased God to blesse me and that I hope in money to gather with a good confidence my debts and ffunerall charges being first payd or in at least a sufficiency sett upon for discharge, I will and bequeath them all as followeth viz:t
ffirst I hereby give and bequeath unto the reliefe of the poore deseased people in S:t Bartholomews Hospitall neare Smithfeild London the some of Twenty pounds and unto Christ Hospitall S:t Thomas Hospitall and Bridewell Hospitall the summs of ffive pounds apeece And unto the poore prisoners in the fleet and in Ludgate and the two counters in Woodstreet and the Powltrey the Kings’ bench and Marshallsea the summe of Three pounds apeece Alsoe unto the poore of Allhallowes Barking aforesaid: if I be buried there the sume of five pounds But if I shall be buried at Stanmore Magna aforesayd then my desire is that the sayd five pounds shall be given unto the poore that shall Appeare there of the out parishes and others at my funerall And alsoe five pounds more unto the poore of the sayd parish of Stanmore afore sayd And tenn pounds unto the poore of S:t Stephens Coleman Street
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Parish London and fforty shillings unto ould (CSG: an unnecessary duplicate ould is in the original) M:r Boyde and forty shillings unto my xxxx cousen hasell upon her one (CSG: I think the writer means “own”) discharge, Alsoe I further give and bequeath unto my nephew John Burnell senior and unto his three sisters An: Katherine and Elizabeth and unto the three sonnes of my deceased brother William Burnell namely Thomas John and Henry Burnell alsoe unto my sister Rowse (sic) my two nephews John and Richard Ball and their fine sisters An: Barbara: Jane: Margarett: and Elizabeth my cousen Sarah Edlin, and likewise unto my cousen W:m Pindar Junior for his help in the getting In of mine estate I say that I give them all the summe of thirty pounds apeece for Legacies Alsoe I give unto my Nephew John Morley resident in New England And to his Sister in law the wife of his brother Thomas Morley deceased The sume of tenn pounds apeece And unto her sonne Thomas Morley both resident in or about Hamburgh together with all the Children of my Nephewes John Burnell senior and Thomas and Henry Burnell lawfully begotten in wedlock that shall be living at my death the some of five pounds apeece to be paid unto them or there parents uppon their or their parxxx discharge towards their better education, all which sayd somes of tenne five and lesser to gether with all the above sayd somes unto the hospitalls and prisoners my will is that they all be payd them with the first conveniency that may be after my debts and funerall charges be payd and for the other legacies my will and minde is that they shall be payd them at or within the first year after my decease at my wives discretion according as moneys cann be gott in Alsoe I hereafter name towards there mourning at my funerall the somes of money following viz:t first unto my loveing and deare wife the some of fifty pounds alsoe unto her loveing brother Henry Wollastone Esq:r and unto his son Henry my brother in law Robert Smyth my nephew Doctor Richard Ball my cousen doctor W:m Pindar my cousen Thomas Roove (CSG: or, Roone?) my Cosen James Gough my nephew John Burnell senior my cousen Dr Buckheire and kindred my cousen Thomas and Henry Burnell and all their wives,as alsoe Cosen Sarah Rowe my Cousen Anne Young and her sister Allett and my cousen Sarah Edlin widow Alsoe unto my cousen John Ball Esq:, my cousen W:m Robinson and my cousen John Gould, Alsoe unto my Cousen Doctor Trench and Doctor Xeaxx and Doctor Winter and their wives and ould M:rs Churchman the some times beadle (?) wife of Marchant Taylors hall I say I give them all the some of six pounds apeece towards their mourning as alsoe unto all my servants that shall be liveing with me the summe of three pounds apeece for their mourning Alsoe whereas I have long since past all my coppyhoulds Lands and houses Lying in Stanmore magna in the county of Middlesex only that part and porcon that of late bought of that coppy hould house Lands called Buggs (??); unto my wife Hester Burnell duringe her naturall life only and after her decease unto this my last will and Testament, whereunto I have of late now surrendered my above sayd part and portion of that farme called Buggs being the full two third partes thereof, being coppyhould house and Lands, But for all the former coppy hould house and land I long since purchased her sayd xxxx admittance In open Court thereunto for the avoydance of further and future trouble and clame of hourgatte (?) or any other charge or trouble whatsoever as p my coppey unto that purpose (addition thereunto being had) Doth aps Alsoe whereas I have of late purchased another house and lands lying more neare uppon ?weald green In the parish of Harrow uppon the Hill, in the afforesayd County of Middlesex called and known by the name of Brookes together with another feild
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Wood ground and springs called ?Sanders (Or, ?Sandens)Hill and now both in the ??handes and occupation of John ?Demren now Inhabitant therein and of the same parish and County as alsoe my prsent house and Garden wherein I now dwell herein London with all thereunto belonging together with five other tenements and all lying in the Court or alley called numo (??) Court or Alley in the Street and parish of S:t Stephens Coleman Street London, Alsoe I have two Leases of the Citty of London of three houses or tenements whereof two lyeth in Trinity lane London right against the said parish church there within thother wherein I have yett about Twenty and two years to come paieing foure pennes ayeare Rent by equall quarterly payments into the Chamber of London and three pounds a yeare rent unto Thomas Punsell by halfe yearely payments to say att Michaelmas and our Lady Day in Lent and is for the rent of a Chamber layd unto the inward and are both houses Lett unto William Throckmorton for three score and Thirteen pounds a yeare Rent payable att foure equall quarterly payments : wherein he hath yett about eighteene yeares to come as Allsoe of the aforesaid Chamber And thother house lyeth in the Axxxxx (Armourie??) and knowne now by the name and Signe ofy:e blacke horse But formerly the Hoope and three tunns wherein I have yett about tenn yeares to come and there in one M:rs Bennbee hath about halfe a yeare to come paying but thirteene pounds a yeare Rent yet after the expiration of her tyme I hope it will yeild me Sixteene pounds a yeare for w:ch pt we and him to pay unto the Chamber of London twenty shillings a yeare Rent by foure equall quarterly payments Allsoe I purchased of late A Row of free houses Lands of my three Nephewes Thomas John and Henry Burnell lying in Stanmore Magna aforesayd called and knowne of the name Upper Gooseakers conteyninge about five Acres be they more or lese all which sayd purchases as mainly brookes farme together with feilds springe and wood ground called Sancour(?) Hill as also that other feilds of freehould land lying in Stanmore aforesaid as alsoe my prsent dwelling house and garden and all there unto belongeing together with the five tenements all Lying and being in neme Court or Alley in the Street and parish of S:t Stephens Coleman Street London, as alsoe my above menconedd Leases holden of the Citty of London of all or most of all which Sayd purchases my sayd wife Hester Burnell standeth Joynt purchaser with mee dureing her naturall life I say that I doe hereby give them all in generall together with all my coppy hold Lands and houses lying in Stanmore Magna aforesayd by this my last Will and Testament unto my loveing wife Hester Burnell dureing her naturall life onely and after her decease I doe hereby give and bequeath them all as followeth viz:t ffirst I give unto my nephew John Burnell senior my cheefe house and Lands lying in Stanmore Magna aforesayd called and knowne by the name of ??fidelde or by what name or names it is or may be called together with all the our houses gardens yards and outhouses with three feilds or meddowes lying behind the house in the same towne lying behind the house of one Thomas Hill called Tunnis (??). alsoe two other feilds as they are now devided lying in the same town called XXX XXXX, as alsoe fower other feilds likewise lying in the same towne and in the queen (?) (grene?) lane leading upp to hill Downes too (?) of which lying at the uppend of that land on the right hand, and knowne by the name of Barnett and Myll hill, and thther two feilds lyeth one theother side of that lane about the middle of the Sayd lane the one within the other xxx knowne by the name of Barnett woods or by what other name or names they are or may be called. All w:ch sayd house and lands being all xxxx houses I say that I doe hereby
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Give them all unto my aforesaid Nephew John Burnell senior after my sayd wives decease during his naturall life only and after decease of sayd nephew John Burnell Senior I give them unto his wife (if hee doe marry again) and his children equally devided amongst them shaire and shaire alike dureing the naturall life of second marriage of his sayd second wife if he marry againe, or other waies to convey equally amongst his children as aforesaid and their heires forever And for want of any such his child or children naturally begotten in wedlocke at the death of my sayd nephew John, then my minde and will is that they shall all returne and be equally devided betweene the children of the three Daughters of my eldest brother John Burnell long since deceased equally to be devided among them Share and share alike, and their heires forever Alsoe I hereby further give and bequeath after my said wives decease unto my nephew Thomas Burnell eldest sonne of my Brother W:m Burnell deceased my two thirds parte of that coppy hould house and lands wherein he now liveth called and knowne by the name of Buggs dureinge his naturall life only and after his decease unto his wife and children dureing his sayd wives life and second marriage equally to be devided amongst them, And after the death or second marriage of his second wife, Then that part W:ch shee did enjoy shall likewise be devided amongst the Surviving children as aforesayd Alsoe I doo herby further give and bequeath after my sayd wives decease unto my nephew Henry Burnell on free hould feild lying above the last aforesayd coppy hold Lands knowne by the name of Upper gooseacres conteyning five acres be they more or lesse together with a small cottage Lyinge near about the last abovesayd house wherein now dwelleth one James Jordayne together with two other feilds of coppy hold lands lying at Collyers Lands and leading upp to hill downes called and knowme by the names of upper and lower Gorb (??) Allen (??), dureing his naturall life only, and after his decease unto his three daughters now living in the house with him or the survivour or survivours of them or his surviving, and her and their heires forever, naturall begotten in wedlocke, Alsoe I doe hereby further give and bequeath after my said wives decease unto my nephew John Burnell Junior now resident in the east Indyes my farmehouse and Lands lyinge in or neare weald greene or common In the parish of harrow upon the hill in the county of Middlesx and knowne by the name of Brooks together with one other feilde that I latly purchased Joyning thereunto called Sanders hill dureinge his naturall life onely and after his decease unto his heires Lawfully begotten in wedlocke forever, Alsoe I doe further give and bequeath after my sayd wives decease my psent dwelling house wherein I now live Joyntly with the five Tenements all lying in the Court or Alley called Numes Court or Alley with all thereunto belonginge, scituated being in the street and parish of S:t Stephens Coleman Street London unto my nephewes John and Richard Ball equally betweene them and their heires forever Alsoe whereas at my xxxx purchasing of those above menconed foure of these Tenements I was Joyned alsoe to purchase an Annuity or yearly rent of fower pounds ayeare of a house In Boroyers Row leading downe to Ludgate London being the corner house on the right hand turning into Starr Alley and knowne by the name of the Lyon and Lamb and at psent belonging unto captain smyth the pesent turnkey of Newgate I say I hereby give my sayd Annuity after my sayd sonnes decease unto my godsonne Burnell Ball the sonne of my affore named nephew Richard Ball doctor and his heires forever, Alsoe I doe hereby further give and bequeath unto my Wofe Hesther Burnell my two Leases that I hold of the City of London
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Dureing her naturall life and at her disposall by her last will and testament of the remaining yeares amongst my beloved kindred wheremost neede shall be and that they have or shall best depend (?) at her hands, at her own good will and pleasure by five or Tenne pounds a yeare more or lesse dureing the Remeiyninge yeares after her decease And now whereas I have hereby given sundry legacies unto my kindred, yett my mind is that if any of their creditors shall attach any of them or other wayes trouble my sayd wife Hester Burnell who I doe hereby nominate and appoynte to be my sole Executrix Then I hereby make all such Legacies as shall be in any way so attached or troubled to be voyd and of none effect And I doe hereby give and leave all such Legacies unto my wife and executrix, her good will and pleasure for to dispose of them all (or as many of them as shall be attached) when where and unto whome shee shall thinke good allweayes haveing Respect, unto them or there children unto whom they weare Intended, as her owne gift without any way to be lyable to give or bee called unto any accompt for them or any part of them by any whatsoever; only betweene god and her own conscience, Alsoe wheresoever it shall please god that I departe this life yett my will and desire is that all my above menconed freinds and kindred unto whome I have given mourning shalbeInvited unto my funerall to gather with other freinds and neighbours as shall be thought good by my Executrix, but if it shall please god that I shall dye in London then my wish and will be all my loveinge bretheren of speciall and land merchants company (CSG: could the original transcriber or writer of the will mean “special and merchants company”?) shall be invited to accompany my corpse unto the church then Live neare London, and unto whom I also will there shall be given In further Testimony of my Respective love besides all other services or gifts as much choice cloth as shall make each of them a mourning hatt band Reddy made upp to weare at my funerall and shall accompany me to church Alsoe I doe hereby give unto M:r Evans there Secretary five pounds for a Legacie and fourty shillings unto Thomas Russell their beedle for warning the companyto gexxxx And my humble desire is unto the sayd worshipfull company that after the decease of the sayd Thomas Russell they will be pleased to make my poore nephew Henry Burrell their Beedle who is and hath bein capable of his freedome of your worp:ll company Alsoe I further will and bequeath if I dye here in London unto as many poore men as shall then be yeares ould Twelve shillings apeece to hier and weare mourning gownes to attend my corpse to church whereof I doe desire that every one of the assistants of the Right Wor:ll company of Clotheworkers where I was a member shall have the disposall of one of the sayd gownes provided alwayes that they bestowe them uppon the poore members and xxxxxxxxx of the same Company which I heartily wish may punctually be observed and kept, and Tenn more of them unto the poore of the same parish where I shall departe this life if it in London, and six more of them unto so many poore men of the pish of Stanmore Magna, at the discretion of my kindred there lyeing and alsoe therest (?) in the discretion of my Executrix. Alsoe whereas I have a bond of my brother Robert Smyth for thirty pounds and likewise a bill of my brother Thomas Wollastone for tenne pounds lent them long since, as alsoe severall petty debts oweing mee by Symon Smyth the Accompant my will and minde is that these debts shall be forgiven them and their Specialltyes shall be cancelled and delivered In by mine Executrix and my wife Hester Burnell unto whome I doe hereby give and bequeath the whole Remainder of mine estate that standeth not here in other wayes disposed off and that in as Ample mencon and free gift as ever I did could and should have possest or enjoyed them or any of them if I had bein living being of what quantity or quality and partes what someone desireing her togoe on thankfully without
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Scruple or doubt in the proveing of this my last Will and Testament Thankfully acknowledging and acccepting of what shee finds through good blessinge the Remainder of mine Estate shall prove, which I hope will prove of competent sufficiency for the Sxxxx Maineteynance in the widow of, me Thomas Burnell Alsoe I further Intrust my loveinge Brother in Law Justine Henry Wollastone and my good freinds M:r Phillip Sherwyn Clothworker to bee overseers of this my last will and Testament desireing them to be aydinge and Assistinge unto my Loveinge and deare wife Hesther Burnell my Sole Executrix unto whome my said overseers I will shall begiven for their care and paines to either of them A silver and guilte standing Cupp with a cover xxxxx and my wines Axxxx first Ingraven thereon of the vallue of fifteene pounds apeece Alsoe I doe further give unto the sayd M:r Chatwin and his wife five pounds apeece for mourning Alsoe I further give unto the Right wor:ll Company of Clothworkers London (?) my Xxxx and xxxx with the Remainder of that hundred pounds that I lent them and payd unto Thomas Sutton our then Renter warden, for the prventinge of the then long sitting parliament there takeingaway away the Evidencs of the sayd Companyes Lands and houses which they then threatened to doe by their setting comittes (?) for our not bringinge In of a farr greater some of money which they Taxen uppon our XX Company, w:ch wee were no way able to soe on performince, Alsoe I further give unto the said Company of Clothworkers my best silver and guilt Salte Celler with the cover with mine and my wives Armes and my name first to be Ingraven theron In memory ofhim that allwayes endeavoured the love (?) Tranquillities good oxxx and decensy (sic) to be observed with all guarinty amongst them. Alsoe I further desire that if it shall please God that I departe this life in London that my body bee carried privately the eveninge before my buriall unto Clothworkers Hall with xxxx first obxxxxx of the then M:r xxx quinten Warden of the same Company and so from thence the next day unto the pish church of Allhallowes Exxxx aforesayd And the Right wor:ll assistans and all the livery to be invited of the sayd company of Clothworkers Together with all the Governors of S:t Bartholomews hospitall and all the Eastland merchants that live neare London to accompany my corpse To church together with mine and my wives kindred and freinds and neighboures as mine Executrix shall thinke fitt, And lastly my desire is unto my kind and Tender hearted wife and executrix Hester Burnell that as shee shall finde that I have dealt freely with her (considering mx psnll Estate) And as I doe and must Confesse that I have allwayes found and doe acknowledge her great love and true affection many wayes unto my kindred I xxxxxxx in Redeeminge and performinge their goods and wellfaire all my lifetyme, That soe shee wille please further to continue the like love and releife unto them when most needs shall require together with xxxx accordinge as it shall please God further to enable her and move her heart, and that not only in her lifetime but alsoe att her death or last Will and Testament, whereof I doe noe way Xxxx you next most assurances and confident: yett notwithstandinge these my onely desires I leave them and my selfe wholely unto her free will and charity, and not hereby in the Least as any Ingagement or Tys uppon her confidence whereby shee might make any the least scruple in taking her oath for the proveinge or executing of this my last will and Testament, and withall desiringe my sayd deare Wife Hester Burnell and said Executrix that if shee shall find Xxxxxx hereof that I have omitted any of her freinds or neare relations that shee will supply that neglect of myne and enlarge herselfe unto them, And now for the XXXXX futxxx XXXX I have
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Thougt goode to mencone that all these words weare Interlined with myne owne hande, before the finishinge of this my last will and Testament that is to say, In the first sheete and sixteenth lyne the word should and in the sixty eight the word life and in the seventy third lyne the word shee. Alsoe in the second sheete and first lyne the word sayd and in the twelfe lyne the word my and in the fifteenth lyne the word mayde and Twentieth lyne the word poore and in the eight and foutyeth line onely those two Letters XX to be brought into the midst of the words Executrix and in the five and fyfteth lyne the shee word was likewise Interlyndd And thus herby Renouncinge all former wills and testaments by me made I doe here Institute ordaine and Appoynt this to be my last will and testament conteyning only these two sheets of paper, and have hereunto sett and fiyed my seale at the topp to Joyne them together and have subscribed my name unto both of them, And have signed and sealed and delivered it as my Act and Deed this psent first of Juley In Anno Dom one thousand Six hundred sixty one, In the Thirteenth yeare of the Raigne of our Soveraigne Lord King Charles the Second of England Scotland ffrance and Ireland Defender of the ffayth xxxxx p:md
Tho: Burnell:
Sealed Subscribed and delivered In the presence of Robert ffenn Peter Whitinge William Pindar Jnr: Published by the sayd Thomas Burnell for his will this sixth of August 1661 in presence of Hen: Mosse no:ry publique Edward Bullocke
THIS Codicill dated this nineteenth day of August 1661 I appoint to be parte of this last will and Testament of me Thomas Burnell cittizen and Clothworker of London in the best strength and force of a codicill that may be wherein and whereby I doe will order and appoynt that whereas I have now lately purchased the last third parte of a ffarme howse and certaine copyhold Lands at Stanmore in the County of Midd unto mee and my heires of my nephew Thomas Burnell Cittizen and haberdasher of London now dwellinge in the same house I give and bequeath the said third parte of the sayd ffarme howse with the other two third parts thereof unto my loveing wife Hester Burnell for and dureing her naturall life, and after her decease my will and mind is that the same third parte with a small cottage adioyninge thereunto wherein James Jordan now liveth, together with two feilds of arrable and pasture Lands leased to William Winch glaisiere shall be unto my nephew Henry Burnell cittizen and Leatherseller of London for and dureing his naturall life, and after his decease unto his three daughters Elizabeth Mary and Barbara and their heires, And whereas by my last will dated the fifth day of July last, I have given a farme house and lands of weald (??) [CSG: Could just be lands of “wood”] in the parish of Harrow upon the-hill in Midd after my sayd wifes decease unto my nephew John Burnell Cittizen and Clothworker of London now in the East Indies for whole truth in the East Indies companies factory, I am now to be engaged by bond of five hundred pounds unto the East India Company, now my will and minde is that he shall disingage my Estate and mine Executrix and such as shall be myne Executor from the from the land before he enter upon the same lands by fource of my sayd will and if he shall not discharge such my engagement I give the same land unto my nephew William Pindar, Citizen and Clothworker of London and his heires after my sayd wifes decease, I alsoe doe heareby give and bequeath unto my niece Elizabeth Gough wife of James Gough twenty pounds and that (?) what I have given her by my sayd will (for her personall support and maintenance of her and her children
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And not to be lyable nor any of the Legacies by me given her, by my said will (being for her the like personall reliefe) unto any debt of her husbande now received by any his creditors, but with her owne hands, and her discharge alone under her hand shall be sufficient to acquit mine executrix therefore witness my hand and Seale hereunto put this sayd nineteenth day of August 1661, Thomas Burnell Sealed Subscribed published and declared for and as part of this last will of Thomas Burnell the Testator in the presence of Hen: Mosse Not:y publique Edward Bullocke
PROBATUM fuit Testamentum suprascriptum cum Codicilio annexo apud London coram venerabili oguogio vivo Guielmo Monate Legum dottore Magistro Custodo sine Comissario XXXX constituto secunda dio mensia Octobris Anno Domini Millesimo Septentosimo sepagesimo primo Juramento Hester Burnell Relicta dixx defuncti et executrixia in xxxxx Testamento nominat om comissa fuit Administratio omnium et singularum boborum invivum et creditorium dicti defuncti debone et fidele administrand eadem Ad Sancta dei Evangelia vigore Comissionis Jurat
Notes
Possible primary sources
TNA
C 4/39/49 Henry Wyllughby v. Thomas Burnell and John Burnell: replication Date of document: Sixteenth century 1501 Jan 1 - 1600 Dec 31
C 4/39/105 Robert Upcott and his wife Agnes v. Walter Burnell, John Burnell senr. and John Burnell junr.: replication Date of document: Sixteenth century 1501 Jan 1 - 1600 Dec 31
C 5/379/23 Burnell v. Burnell: Middlesex, &c. 1650
PROB 11/106 Hayes 55-90 Will of John Burnell, Clothworker of London of Great Stanmer, Middlesex 16 August 1605
PROB 11/141 Swann 1-66 Will of John Burnell, Clothworker of London 23 January 1623
PROB 11/161 Audley 1-65 Will of Barbara Burnell, Widow of Great Stanmore, Middlesex 18 January 1632
PROB 11/305 May 104-157 Will of Thomas Burnell, Clothworker of London 02 October 1661
PROB 11/315 Bruce 97-143 Will of Hester Burnell, Widow of Spitalfields, Middlesex 15 October 1664
PROB 32/39/238 Deceased: Burnell, John, Stanmore Magna, Middx. (Sworn 1696 Mar. 27)
