Tools: PROB 11/209/220 Will of Sir John Gayer, Alderman of London 07 September 1649

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PROB 11/209/220 Will of Sir John Gayer, Alderman of London 07 September 1649

See also PROB 11/211 Fairfax 117-153 Sentence of John Gayer, Alderman of London 16 February 1650

Editorial history

04/12/11, CSG: Created page & pasted transcription to wiki






Abstract & context




Suggested links


See PROB 11/201/192 Will of Humphrey Gayer, Merchant of Plymouth, Devon 09 July 1647 (brother of Sir John Gayer)
See PROB 11/207/349 Will of Robert Gayer, Merchant and Fishmonger of London 09 March 1649 (brother of Sir John Gayer)

See Sir Robert Abdy will (son-in-law of Sir John Gayer)

See biographical profile of Christopher Oxenden (apprentice of Sir John Gayer)

See Plymouth (birth place of Sir John Gayer, and residence of two of his brothers, Humphrey and Hugh Gayer, both merchants)



To do




Transcription


My helpe standeth in the name of the Lord whoe hath made Heaven and Earth
In the name of God Amen the Nyneteenth day of December Anno. Dom. One thousand sixe hundred Fortie eight And in the fower and twentieth yeare of the raigne of our Soveraigne Lord Charles by the grace of God Kinge of England Scotland France and Ireland defender of the faith I Sir John Gayer Knight and of London Alderman knowinge that this earthly Tabernacle of my bodie is subject to death, and it beinge by the blessinge of God at this present time of good and perfect mind and remembrance (thankes be to God for the same) Doe ordaine make and declare this my present last Will and Testament in manner and forme followinge (viz.)

First in assured and undoubted persuasion of a constant faith and beleife in Jesus Christ my Lord the only begotten sonne of God and my alone Advocate, mediator, and Redeemer, I doe commend my Soule (consistinge of an invisible and immortall Substance) into the hands of one Almightie invisible and everlastinge Majestie and Godhead distinguished into three persons the Father, Sonne and holy Ghost, by whose infinite power, wisdome and goodness my body was and is of his free grace and mercy created, redeemed and sanctified unto eternal life,

Secondly my bodie I committ to the earth, whereof it was formed, to be buried in Christian comelines in the parish Church of St Katherine Creechurch London in the Vault where my wife and Children doe lye in a most sure and undoubted hope to have the same raised unto mee againe at the last day in the same flesh concerninge the substance thereof, though in quality changed from a mortall, weake and sinfull to an imortale, holy, stronge, and glorious bodie, at which time it being in all perfection reunited to my Soule I am assured shall from thenceforth forever remaine and dwell in felicitie and joye unspeakable in the most glorious Esence of the whole Piety, the most happie and blessed Fellowshipp of all the elect Angells, Saints, and whole church of God,

Thirdly concerning the orderinge disposeing and conveying of my leases, goods, chattells, and other outward estate and things wherewith it hath pleased God to endowe me, all which I doe as willingly leave as ever I enjoyed them, and the same I doe by this my Will give and devise in manner and forme followinge (that is to saie) First my Will and desire is that all and every such debts and summes of money whatsoever as at the time of my decease I shall truly owe to any person or persons shall be satisfied and paid within as short time after my death as conveniently may be And the debts owinge by me and the charges of my funerall being first paid or deducted.

All the rest and residue of my goods, Chattells, debts and personall estate shall accordinge to the laudable custome of the City of London be divided into two equall parts or shares, one of which said parts or shares I appoint unto my Children, John Gayer, Robert Gayer, Katherine now wife of Robert Abdy Marchant, Mary Gayer, Sara Gayer, and Elizabeth Gayer equally amongst them to be divided as and for their orphanage partes due to them by virtue of the said Custome. My expresse will and meaninge is that my said daughter Katherine shall have her full customary parte of my estate equall with the rest of her brothers and sisters including the Fower thousand pounds for her advancement already given and part of her customary parte, and that such her advancement shall be noe barr or prejudice unto her from havinge her customary parte and share with her brothers and sisters (the Fower thousand pounds as aforesaid being included)

And the other moeity or halfe parte of my said goods, Chattells, debts and estate I dispose as followeth (viz.)

First I give unto my loving brother Robert Gayer Five hundred pounds in money, to be by him given or disposed of to one or more of my children accordinge to his Will and pleasure And I give unto my said brother Robert Gayer a bason and Ewer of Silver of the value of Fiftie pounds with my armes thereon to be ingraven

ITEM I give and bequeath unto my loving sonne in lawe Robert Abdy a bason and Ewer of Silver of the like value of Fiftie pounds with my armes thereon to be ingraven Also I give unto him Fiftie pounds more in money to dispose thereof as he pleaseth

ITEM I bequeath to my said Fower daughters, Katherine, Mary, Sarah and Elizabeth (whom I have always found to be verie dutifull lovinge and respectfull of mee) One thousand pounds in money (over and above their Customary portions aforementioned) to be equally divided between them

ITEM I give to my Grandchild and godsonne John Abdy two hundred and Fifty pounds, and to my two other grandchildren his sisters one hundred pounds a peece, To be paid to the said John at his age of One and twenty yeares, and to his sisters at theire like severall ages or marriages first happening, and if any of them dye in the interim, then the Legacie of him or her soe dyeing shall remaine to the Survivor of them, and if all of them dye before the attaininge of their said respective ages or marriages, then their legacies to remaine to my Executors hereafter named

ITEM I give to my Neice Margarett Gayer daughter of my brother Richard Gayer deceased Fiftie pounds in money, And to her sister Mary Gayer Twenty pounds

ITEM I give to my neice Tyte, wife of Lewis Tyte, and daughter of my brother Hugh Gayer, Thirty pounds, and to the said Lewis three pounds for a Ringe to weare in remembrance of me, And to my neice her sister I give Twentie pounds

ITEM I bequeath to my Nephew John Gayer, sonne of my brother Humfrey Gayer, one hundred pounds, and to his sisters each of them Twentie pounds a peece, To be paid to him at his age of one and twenty yeares and to his sisters at their like ages or marriages first happeninge And if any of them depart this life before the attaininge of theire said respective ages or marriages Then the legacie of him her or them soe dyeing shall remaine to the Survivors of them, And if it shall please God that all of them dye before that theire legacies shall grow due and payable Then the said Legacies to the said John Gayer and his sisters shall wholy remaine to my Executors

ITEM I give to my brother Sampson Hopkins one hundred pounds in money And to his wife a Ringe of the value of three pounds,

ITEM I bequeath unto my kinsman and factor John Ripley a standing guilt Cupp and Ewer of the value of Twentie Markes with my arms to be engraven in it

ITEM I bequeath to my two other Factors William Goffe and John Crisey either of them a guilt cupp and Cover of the value of Tenn pounds a peece my armes thereon to be ingraven

ITEM I give to my apprentice Christopher Oxenden, Two hundred pounds I having received soe much with him from his father, And if at my decease he shall not be preferred beyond seas, then the said legacie to preferr him to some other Master for his benefitt and advancement, otherwise to dispose thereof as he shall thinke fitt for his owne good

ITEM I give unto my Kinsman and apprentice Sampson Hopkins Twentie pounds in money Provided alwaise and the said severall legacies given to my said Factors Servants and apprentices are upon and under the condicion, that each of them respectively shall give just and true accompts unto my Executors and Overseers of all the trust in them reposed and of the goods and estate of mine in their severall hands and dispositions when they shall be thereunto required

ITEM I give to Dr. Palmer Minister of the said parish Church of St Katherine Creechurch Tenn pounds to buy him mourninge to weare at my funerall

ITEM I give unto my kinswoman Joane Walden whoe hath been a longe time a lovinge and faithfull servant to mee and mine, and for a competent maintenance to be provided for her, an Annual summe of Sixteene pounds of lawfull money of England for and duringe the terme of her naturall life, To be paid unto her by my Executors quarterly by fower pounds each quarter of a yeare from the time of my decease, and my further desire is that all my Children will have a lovinge and respectfull care of her,

ITEM I give to Robert Leach my Coachman and to Robert Lockley my Butler either of them Tenn pounds a peece

ITEM I bequeath the summe of Twelve pounds to be disposed of by my said daughter Mary amongst my three maidservants by such proportions and in such manner as my said daughter shall thinke fitt

ITEM I give to the servants of my said brother Robert Gayer, and to the servants of my said sonne Robert Abdy to every of them Forty shillings apeece as a remembrance of them

ITEM I give to the Worshipful Company of Fishmongers London of whose Fellowship I am a member the summe of One hundred pounds to buy lands therewith, and the yearly value or rent thereof to be imployed in Coales or Wood to be given yearely forever in the Moneth of December for the poore people of St.Peters Hospitall at Newington in the Countie of Surrey And I give more to the said Company of Fishmongers Twentie and Five pounds in money to make a faire guilt Standinge Cupp with a Cover with my Armes thereon to be engraven to remaine with them as a remembrance of my love to them And my hartie desire is that love and unitie may ever remaine with them.

ITEM I give to the Governors of Christs Hospitall London (of which I am now President) Twentie and Five pounds to make them a dinner on the day of my funerall, not doubtinge but the Five hundred pounds by mee formerly given them to the uses as by agreement are expressed will be faithfully performed by them

ITEM I give towards St Bartholemews Hospitall London Fifty Pounds

ITEM I bequeath to St Thomas Hospitall in Southwarke Fiftie pounds

ITEM I bequeath to the Hospitalls of Bridwell and Bethlem Fiftie pounds, desiringe that the said legacies given to the Fower last mentioned Hospitalls may be imployed by the severall Governors of those Hospitalls as may be most beneficiall for the poore in them

ITEM I give to set Tenn poore prisoners for debt free out of the Counter in the Poultry London Forty shillings a peece And the like summe of Forty shillings a peece for redeeminge Tenn other poore prisoners for debt out of the Compter in Woodstreete London

ITEM I give for redeeminge of Fifteene poore prisoners out of Ludgate London Forty shillings a peece

ITEM I bequeath unto the poore prisoners in Newgate London Tenn pounds

ITEM I bequeath unto the poore of the parish of St Andrew Undershaft in London Tenn pounds to be distributed by the Churchwardens and Overseers of the poore of that parish or the Major parte of them to Forty poore housekeepers by Five shillings a peece

ITEM I bequeathe to my Cozen John Maddock of Plymouth a peece of plate of the value of Tenn pounds with my Armes to be ingraven thereon

ITEM I give to my lovinge frends Roger Vivian Tenn pounds to buy a Ringe to weare in remembrance of mee

ITEM I give a standing Cupp and Cover of the value of Twemty markes my armes thereon to be ingraven unto my loving friend John Owfield

ITEM I give to Mathew Kendrike Five pounds to make him a Ringe in remembrance of mee

ITEM I bequeath to John Lee Clerke of the Company of Fishmongers Five pounds for the like Ringe

ITEM I give to my Deputy Henry Jackson a Ringe of the value of Five pounds

ITEM whereas there is the foundation of a Chappell laid in Popler neare the Blackwall If the same Chappell shall within fower yeares after my decease be built Then I appoint my Executors to glasse it with good white plaine glasse and strongly leaded, leaving the orderinge thereof unto my said sonne Robert Abdy, and my armes to be set in the glasse Windowe at the East end in the Chancell

ITEM I give One hundred pounds in money to be distributed amongst poore Orthodox Ministers, and the poore widdowes o fMinisters by my Children and Overseers or any two or more of them as they in their discretions shall thinke fitt, All which legacies aforementioned wherein noe time is limitted for payment of them I appoint shall be paid with all conveniency after my death

ITEM my Will and desire is that my Executors within Five yeares after my decease shall disburse and lay out the summe of Two hundred pounds for the buyeing and purchasing of a house Tenement or land, The rents and profitts whereof my Will is shall be imployed and disposed forever to and for these severall uses and purposes hereafter expressed That is to saie That the Minister for the time being of the said Parish Church of St Katherine Creechurch shall upon the Sixteenth day of October in the forenoone yearely forever preache a Sermon in the same Church, and he to have for every such Sermon Twenty Shillings The Clerke of the said Church to have for his attendance and performing his office at every such sermon Two Shillings, and the Sexton Twelve pence for tolling the bell, and that the residue of the said rente and profitte to be from time to time forever on the said sixteenth day of October yearly immediately after Sermon ended distributed to the poore inhabitants of that Parish being housekeepers, and of good name and fame, and to noe other by the Minister Churchwardens, and Overseers of the poore of the said parish or the Major parte of them and they not to give above Five shillings to any one person, nor lesse than three Shillings to any other which I desire may be really performed without partiall affection to any but as Charity obligeth in such cases And whereas I have at this present a pewe or Seate in that Church for my selfe, Children and Servants, and a Vault in the same Church wherein my wife and Children deceased are buried in which none other as yet hath been interred I expect still the continuance and sole benefitt and use both of the said Pewe or Seate and Vault soe long as any of my family now or hereafter shall be in that Parish And for the Vault my desire (which I have willed performed) that the same shall be reserved only for the buruall of my selfe family and ? which shall desire or appoint to be interred there and for none others And in case this my desire or request concerninge the said Vault shall not be granted and performed Then I will and appoint the said house Tenement or Land to be purchased as aforesaid with the rents and profitts thereof shall from thenceforth forever remaine unto my Executors and theire heires, and the other uses above declared to cease and determine

ITEM I give to the Towne and Burrough of Plymouth where I was borne the summe of Five hundred pounds in money to and for these severall uses and purposes following (viz) The new Church there now in building my will is to glase all the glasse windowes thereof with good plaine glasse well seated with good stronge lead, and my Armes to be in the East glass windows of the Chancell, which beinge performed, the residue of the said Five hundred pounds to be laid out in purchasinge of land neare unto the said Towne, the buying whereof I commend to the care and discretion of my said cozen John Maddock who I doubt not will yield all good meanes to procure a valuable purchase, in which I likewise hope the Magistrates of the said towne will give there best assistance for the furtherance thereof

And the yearely rents and Revenues of the said land soe purchased I dispose as followeth (viz) To the Minister for the time beinge of the now parish Church of the said Towne of Plymouth Thirteen shillings and fower pence every month forever to preach Twelve sermons every yeare in the same Church, the day before Administration of the blessed Sacrament of the Lords Supper, The Text or subject of the Sermon to have relation thereunto and Exhortation to the preparation of the worthy receiving thereof to their Soules comfort in the blessed remembrance of our Lord and Saviour Jesus Christ, who willingly died for us, and is risen againe for our Justification for the inestimable love and mercy lett us ever remember withall thankfulnesse To the Curate or Reader that shall reade prayers before each of the said Sermons Two Shillings, To the Clarke Twelve pence And to the Sexton for tolling the Bell to give notice of the said Sermon twelve pence And my Will is that the Minister who is to preach those Sermons shall from time to time forever be Chosen and appointed by the mayor and Magistrates of the said Towne of Plymouth for the time being And that sixe persons next of my kindred be called to the choire of the said Minister such election (if there be soe many of them livinge within the said Towne or thereabouts and that they or soe many of them as shall come to have theire voices equally with the others aforenamed And the Major parte of them to chuse the said Minister from time to time forever All the residue of the said yearly rents and profitt of the said land to be purchased as aforesaid (Tenn shillings thereof yearely only excepted) I will and appoint shall be laid out yearly forever to buy broadclothes or Persies to be died into a sadd haire Couler and to be made into outward garments for the poore people of the said towne of Plymouth (viz) for every man and boy a paire of breeches and a doublett, for every woman and girle a petticoat and Wastcoat, and for every child an outward Coate And that the Mayor and Magistrates for the time beinge of the said Towne or the greater parte of them in the Guildhall thereiassembled shall on the Sixteenth day of October in every yeare yearely forever (if it be not the Sabbath day And if it be then on the next day followinge) have the bestowing of three fourth parts of the said garments soe provided and then and at the same time and place any sixe persons or lesser number of the next of my kindred to dispose of the other fourth parte if they or any of them shall require or desire the same But if none of them shall demand that priveledge Then all the said garments to be disposed of at the time aforesaid by the Mayor and Magistrates of the said Towne to the uses aforesaid, my hartie desire being that it be given without favour or affection where most needed, And I appoint the said excepted Tenn Shillings to be spent upon a Collacion in wine and rated upon the said Mayor Magistrate and my kindred or such of them as shall meete together for the distribution aforesaid upon the day the same distribution shall be performed And in case there shall be any failure of performance of this my trust reposed in the Mayor and Magistrates of Plymouth aforesaid either in the pious or charitable workes aforesaid That then duringe soe longe time only and not longer as such failinges shall continue, and the trust in them not performed, the rents and profitts of the said land to be purchased for the said uses shall remaine solely to my Executors and their heires

The residue of all and singular my goods chattells debts and personall estate not formerly herein bequeathed and disposed I will shall be divided into three equall parts or shares Two of such said parts I give to my said sonne John Gayer and the other third part I bequeath to my said sonne Robert Gayer And if either of them happen to depart this life before he shall attaine the age of one and twenty yeares then the Legacie of him soe deceasing shall remaine to the survivor of them And if it shall please God to take them both out of the mortall life before the attaining of the said age, Then I give and bequeath out of theire said Legacies the summe of Five thousand pounds in money unto my Nephew John Gayer sonne of my brother Humfrey Gayer to be paid unto him when he shall attain the age of one and twentie yeares (if he soe longe live) Soe as he the said John Gayer my Nephew carry and demeane himself religiously, civilly and orderly, and shunninge and avoidinge all riotous courses, And the residue of the said legacies given to my said two sonnes I then give and bequeath to such of my said daughters as shall be then living equally amongst them to be divided Nevertheless if any of my said daughters shall be then dead and leave any child or children behinde them living That then the same child or children shall have as full a parte and share therein as the mother should have had if she had ben then living

ITEM my will and meaning is that if any of my said daughters she depart this life before she shall attaine the age of one and twenty yeares or be married, That then the legacie of her soe deceasing shall remaine to my said Two sonnes John Gayer and Robert Gayer or [in margin the survivor of them,

ITEM I make name and appointe my said true Sonns John Gayer and Robt Gayer Executors of this my last Will and Testament And as Overseers thereof I appoint my said brother Robrt Gayer, my said sonne Robert Abdy and the said Sampson Hopkins and Roger Vivian And because both my said sonnes and Executors as yet are in Minority, and soe disabled for the appointment to take upon them the charge of the executin of this my last Will and Testament I doe therefore hereby earnestly intreate and desire my said Overseers that they or any two or more of them would be pleased to take care and charge of my estate and of this my last Will and Testament, and during the minorities of my said sonnes to take Administration of my estate and for that time to see this my last Will and Testament performed according to my intent and true meaning therein declared, and to be aiding and assistinge unto my said Children in advances [unto my said overseers] with theire best Counsell and advices, not doubting of theire true and reall performance of this my request

In witness wherreof I have hereunto put my hand and seale the day and yeare first above written

John Gayer

These presents beinge written in thirteene sheets of paper were by the said Sir John Gayer Knight Signed sealed published and declared as and for his last Will and Testament the day and yeare first above written in the presence of us Ralph Hartley Mary and James Hopkins Leonard Bates servant to the said Mary

A Codicil to the last Will of Sir John Gayer Knight late Alderman of the Citty of London deceased declared by him by word of mouth as followeth (viz)
Memorandum that whereas in and by the said Will it is deposed bequeathed ordered appointed and sett downe in these words (viz)

ITEM I make name and appoint my aforesaid two sonnes John Gayer and Robert Gayer Executors to this my last Will and Testament And Overseers thereof I appoint my said brother Robert Gayer my said sonne Robert Abdy and the said Sampson Hopkins and Roger Vivian And because both my said sonnes and Executors as yet are in minority and soe disabled for the presentto take upon them the charge of the operation of the last Will and Testament I doe therefore earnestly intreate and desire my said Overseers that they be assisting over ?either one of them would be pleased to take care and charge of my estate and of this my last Will and Testament and duringe the minoritie of my said sonnes to take administration of my estate and for that case to see this my last Will and Testament performed according to my intent and true meaning therein declared and to be aidinge and assistinge to my children in advance with there best Counsell and advice not doubting of theire true and reall performance of this my request and true meaning my said Overseers, I the said Sir John Gayer being of good and perfect memorie and understandinge did by word of Mouth and proprio ore suo explaine and declare that by the words mentioned (during the minority of my said sonnes to take Administration of my estate and the said Will) It was his full intent and meaninge and his true mind and Will and desire that the said Overseers or any two or more of them shoulld take Administrationof the estate and take care of and charge of his estate and his said last Will and Testament untill both his said sonnes John Gayer and Robert Gayer should respectively attaine to the age of one and twenty yeares And for that time his said Overseers or any two or more of them to see his last Will and Testament performed accordinge to his intent and true meaninge therein declared And the said Testator did declare that by the word minorities aforesaid in the said Will mentioned he did meane until his said two sonnes John and Robert attained to theire said ages of one and twenty yeares and accounted them in theire minorities till they came to the said age of one and twenty yeares, and did not think them fitt to manage his estate as Executors of his said Will till that age [ The 30th of June 1657 by the oath of John Gayer as one now of age letters of Admon. formerly granted during minorities being void as executed]

A second Codicill to the last Will and Testament of Sir John Gayer Knight deceased declared by him by word of mouth as followeth

Memorandum that the said Sir John Gayer the day before he died beinge of perfect mind and memory did add unto his said Will and Testament and bqueath as followeth (viz)

I give unto my Grandchild and Goddaughter Sarah Abdy One hundred pounds to be paid unto her at the age of one and twenty yeares or day of marriage which shal first happen And also I give unto her a peece of plate to the value of Tenn pounds or he used words to the like effect

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Notes




Possible primary sources


British Library

Sloane. 3299 ff. 170-173: Gayer (Richard). Merchant at Naples. Letters to his kinsman, Sir J. Abdy 1648-1649.


Plymouth and West Devon Record Office

PWDRO: Gayer Family Papers [no ref. or date: [no title] 1221/59 1 July 1662]
- Contents: Award made in Court of Chancery. Between: (i)John Gayer, Jonathan Sparke, Shilston Calmady, esqs; (ii) John Goodyeare, merchant. Concerning a piece of land to the North of New Quay, Plymouth, leased to (ii) by Jonathan Sparke and Shilston Calmady, the guardians of John Gayer. Seal

PWDRO: Gayer Family Papers [no ref. or date]
- Administrative history: Elizabeth Gayer (sister And co heir heir to John) married Shilston Calmady (1621 - 1688) and appears to have bought many Plymouth properties into the family. Shilston also acted as one of the guardians of John Gayer and Josias Calmady administered his will
- Contents: Including the papers of Humphrey Gayer of Plymouth, Merchant and John Gayer his son

TNA

C 5/35/35 Gayer v. Goodyeare: Devon. 1660
C 5/398/47 Gayer v. Goodyeare: Devon. 1658
C 6/145/86 Short title: Hernaman v Gayer. Plaintiffs: John Hernaman. Defendants: William Gayer. Subject: property in Plymouth, Devon. Document type: bill, answer. 1657

C 6/157/16 Short title: Chappell v White. Plaintiffs: William Chappell. Defendants: John White, Humphrey Gayer, Abraham Biggs and William Jeffery. Subject: money matters, Devon. Document type: bill, answer. 1638

C 9/4/97 Nun v. Gayer, widow 1649
C 9/4/98 Nun v. Gayer, widow 1649

C 22/633/9 Gayer v. Goodyear. Between 1558 and 1714
C 22/1031/31 gayer v. Gayer Between 1558 and 1714

PROB 11/130 Weldon 64–125 Will of John Maddocke, Merchant of Plymouth, Devon 06 November 1617 (Possible father of cousin mentioned in Sir John Gayer's will)
PROB 11/164 Russell 58–117 Will of Hugh Gayer, Merchant of Plymouth, Devon 08 September 1633
PROB 11/201 Fines 129–201 Will of Humphrey Gayer, Merchant of Plymouth, Devon 09 July 1647
- See POSSIBLE RELATED RECORD: PLYMOUTH & WEST DEVON RECORD OFFICE: Calmady Manuscripts: [no title] 372/27/4 1651: Contents: Inventory Estate of Humphry Gayer, of Plymouth, merchant:
PROB 11/207 Fairfax 1–57 Will of Robert Gayer, Merchant and Fishmonger of London 09 March 1649