The Will of John Mellish
Signed 3rd August 1677
Probate granted 12th March 1677/8

In the Name of God Amen, the third day of August anno domini one thousand six hundred seventy seven and in the time and twentieth year of the reign of Our Sovereign Lord Charles the Second by the Grace of God of England, Scotland, France and Ireland King, Defender of the Faith, I John Mellish Esq., citizen and Merchant Taylor of London, being in perfect health of body and mind praise be God, therefore yet knowing that there is an appointed time and end to every man's life, and that the time of death is uncertain to all men, do therefore by the favour and permission of Almighty God make this my last Will and Testament in manner and form following, that is to say;

First and principally, I do humbly commend my soul to Almighty God the Father the Son and Holy Ghost, hoping and steadfastly believing by and through the only mediation, merits and passion of Jesus Christ my alone Saviour and All-sufficient Redeemer, to have full pardon and remission of all my sins, and to be an Inheritor with him in his everlasting Kingdom prepared for his Elect before the beginning of the world;

And my body to the earth from whence it came, to be decently buried where it shall please my Executor hereafter named to bestow it, for the burial whereof and all the incident charges thereunto belonging, I do hereby appoint my Executor to lay out and bestow thereupon the sum of threescore pounds of lawful money of England and not more, for I desire to be buried privately;

And as for such personal Estate as it hath pleased God to bless me withal and lend me in this transitory life (by his like divine favour and permission) I do dispose thereof as hereafter followeth, that is to say;

First I will and appoint that all such debts, duties and sums of money as I shall owe of right and good conscience to any person or persons at the time of my decease, shall be truly and fully paid as shortly after my decease as conveniently may be, and after my debts, funeral expenses and the probate of this my last Will and Testament and all Charges thereunto belonging shall be paid, satisfied and discharged, then I give and bequeath unto my younger son Thomas Mellish in full for the Orphanage part out of my personal Estate the sum of six hundred pounds of lawful money of England, to be paid unto his as hereafter is mentioned, And I do also in full of his said Orphanage part give and forgive unto him all such sum and sums of money, goods and merchandises as at any time heretofore I have lent or sent unto him to Portugal or elsewhere either by myself or Order, which said sum of six hundred pounds and what I forgive him is more than his Orphanage part of my Estate will amount unto;

And I appoint that the said sum of six hundred pounds shall be paid unto him as followeth, that is to say; two hundred pounds thereof to him one year after my decease, two hundred pounds more thereof within two years after my decease, and two hundred pounds more rest and residue of the said sum of six hundred pounds within three years next after the time of my decease; and for the true payment of the said sum of six hundred pounds as before is mentioned unto my said son Thomas Mellish, I do hereby charge and oblige all my lands, tenements and hereditaments at Hognaston in the County of Derby;

But my express will, mind and meaning is that if my said son Thomas Mellish shall depart this life before the several times of payment of the said six hundred pounds or of any part thereof, that then my Executor and my said Lands and Tenements shall be discharged from payment of the same, or such part thereof as shall be unpaid at the time of the decease of him the said Thomas Mellish;

Item I give and bequeath unto my daughter Mary (the wife of Mr. John Gardner) the sum of forty shillings to buy her a ring, and the new furniture of my chamber which I lately bought;

And to my daughter Sarah (the wife of Colonel John Mews) I give forty shillings to buy a ring;

Item I give unto my son-in-law William Sherrington Esq. forty shillings to buy him a ring;

Item I give unto my son-in-law the said Mr. John Gardner forty shillings to buy him a ring;

And I give unto my son-in-law the said Colonel John Mews forty shillings to buy him a ring;

Item I give unto my grandchild Martha Nicolls (wife of Mr. Richard Nicolls) forty shillings to buy her a ring;

Item I give unto my grandchild Mary Gardner (daughter of the said Mr. John Gardner) forty shillings to buy her a ring;

Item I give unto my grandchild and godson Peter Mews (son of the said Colonel John Mews) forty shillings to buy him a ring;

Item I give unto the said Mr. Richard Nicolls forty shillings to buy him a ring;

Item I give unto my sister-in-law Mrs. Anne Mellish widow (the relict of my late deceased brother Robert Mellish Esq.) forty shillings to buy her a ring;

And to my sister-in-law Mrs. Martha Mellish widow (the relict of my late deceased brother William Mellish Esq.) forty shillings to buy her a ring;

Item I give unto my cousin Reason Mellish of Ragnall in the County of Nottingham Esq. forty shillings to buy him a ring;

Item I give unto my cousin Samuel Mellish Esq. forty shillings to buy him a ring;

Item I give unto my kinswoman Mrs. Elizabeth Cutler widow the sum of four pounds;

And to my kinswoman Mrs. Elizabeth Peck widow the sum of five pounds;

Item I give unto Rebekah Peck her daughter the sum of four pounds;

Item I give unto Mr. Edward Turgis draper, my cousin, forty shillings to buy him a ring;

Item I give unto my cousin Ralph Thickness of London Chirurgian the sum of ten pounds to be paid unto him, his executors or administrators;

Item I give unto the President, Treasurer and Governors of Christ's Hospital London the sum of ten pounds for the relief of the Bluecoat children harboured in that hospital;

And to the President, Treasurer and Governors of the Hospital of Bethlehem and Bridewell towards the relief of the poor harboured therein I give ten pounds;

To Mr. Grove, parson of St. Andrew Undershaft Parish, London, I give three pounds;

The rest and residue of all my personal Estate whatsoever I give and bequeath unto my eldest son Edward Mellish;

And whereas by my Deed Poll dated the third day of July one thousand six hundred seventy two I settled the premises in Hognaston to the use of myself for life, the remainder to my said son Thomas in tail, the remainder to the said Edward Mellish in tail, the remainder to my own right heirs, with power former by my Deed under my hand and seal in the presence of two credible persons testified by their being witnesses thereto or by my last Will and Testament in writing under my hand and seal to revoke alter and determine the said Estates or any part thereof, and that then and from thenceforth the said Estates and Uses or such part limited as aforesaid should cease determine and be void; now I do by this my last Will and Testament revoke and determine all and every the said Uses and all the settlements and limitations in the said Deed contained and all the Estates thereby granted;

And I do also give and devise and bequeath unto my said son Edward Mellish and to his heirs and assigns forever, all my said lands, tenements and hereditaments at Hognaston aforesaid in the said County of Derby, subject nevertheless to the payment of the said six hundred pounds as before is limited and appointed;

And also I give, devise and bequeath unto my said son Edward Mellish and his heirs and assigns forever, all my lands, tenements and hereditaments whatsoever in Blyth, Norney[?], Aldcoats, Stirrup and Farworth in the County of Nottingham or elsewhere in the realm of England;

And I do hereby revoke disannul and make void all former Wills by me made, and I do hereby make, ordain and appoint my said son Edward Mellish full and sole Executor of this my last Will and Testament, beseeching and charging him to be truly faithful in the due and true execution thereof to the utmost of his power and ability;

And I institute and ordain my said son Thomas Mellish and my said sons-in-law John Gardner and Colonel John Mews to the the Overseers of the same, praying them to be aiding and assisting to my said Executor the best they can;

In witness whereof I the said John Mellish the Testator have to every sheet of this my last Will and Testament contained in six sheets and thus far in this seventh sheet of paper subscribed my name, and to the first and last sheet thereof have put my seal the day and year in the first sheet thereof first before written: [John Mellish]. Sealed, subscribed, published and declared by the said John Mellish the Testator the said third day of August one thousand six hundred seventy and seven for and as his last Will and Testament in the presence of Philip Brooke, Walter Chivers, Ben: Mosse Scr: Tho: Birchall.

Probatum fuit hujus modi testamentum suprascriptum apud London coram venerabili viro Henrico Fauconberge Legum dottore surrogato venerabilis et egregii viri domini Leoline Jenkins militis Legum etiam Doctoris curia praerogative Cantuariensis Magistri custodis sive commissarii legitime constituti dicesimo secundo die mensis martii anno domini style Angliae millesimo sexcentesimo septuagesimo septimo juramento Edwardi Mellish administratio omnium et singulorum bonorum jurium et creditorum dicti defuncti de bene et fideliter administrando eadem ad sancta dei Evangelia in debita Jurio forma jurati.