CHAPTER I

Produced by ellinora, Paul Marshall, MWS and the Online

Distributed Proofreading Team at http://www.pgdp.net (This

file was produced from images generously made available

by The Internet Archive)

Transcriber's Notes:

Underscores "_" before and after a word or phrase indicate _italics_

in the original text.

Caret symbol "^" designates a superscript.

Small capitals have been converted to SOLID capitals.

Old or antiquated spellings have been preserved.

Typographical errors have been silently corrected but other variations

in spelling and punctuation remain unaltered.

THE ROMANCE OF WILLS AND TESTAMENTS

BY THE SAME AUTHOR

SONGS AND LYRICAL POEMS

(1908)

_In Preparation_

SPIRITUAL TESTAMENTS

OR

PRAYERS AND PREFACES FROM

WILLS, &c.

THE

ROMANCE OF WILLS

AND TESTAMENTS

BY

EDGAR VINE HALL

T. FISHER UNWIN

LONDON: ADELPHI TERRACE

LEIPSIC: INSELSTRASSE 20

1912

(_All rights reserved._)

“My Life’s my dying day, wherein I still

Am making, alter and correct my Will.”

FRANCIS QUARLES.

“Remember me when I am gone away,

Gone far away into the silent land.”

CHRISTINA G. ROSSETTI.

“Of Carthage wall I was a stone

O’h Mortals Read with Pity

Time consumes all it spareth none

Man, Mountain, Town nor City.

Therefore O’h Mortals now bethink

You where unto you must,

Since now such Stately Buildings

Lie Buried in the dust.

THOMAS HUGHES, 1663.”

_The Carthage Stone, S. Dunstan’s Church, Stepney._

PREFACE

By way of preface it is necessary to explain the sources from which

the material for the following pages is taken. The chief feature of

these essays consists, I think, in the large amount of original matter

rescued from the multitudinous MS. volumes of wills, &c., which are

preserved at Somerset House and elsewhere.

As in death, so in those volumes, small and great rest side by side.

Of the majority their wills, or, if they died without wills, their

intestacies, are their only memorials. But it is fascinating to come

suddenly upon some well-known name. In a volume of intestacies of

the year 1674, for instance, is an entry stating that administration

was granted to Elizabeth Milton, widow of John Milton, late of the

parish of St. Giles, Cripplegate, his nuncupative will not having been

proved—“testamento nuncupativo dicti defuncti ... per antedictam

Elizabetham Milton allegato nondum probato.”

Different types and times, the lighter or the more serious pages of

this book, will appeal to different readers. I would, for my part,

especially suggest attention to wills illustrative of times of plague

as likely to interest students of human nature and history. Time and

opportunity for research have been limited—not unfortunately, perhaps.

Amid greater abundance of material, choice would have been the more

perplexing.

It is desired to make full acknowledgment of the various printed books

which I have perused, and from which I have sometimes borrowed, viz.:

such books as “Wills from Doctors’ Commons” (Nichols and Bruce), “Fifty

English Wills” (Furnivall), “North Country Wills” (Surtees Society),

“Testamenta Eboracensia” (Surtees Society), “Testamenta Vetusta”

(Nicolas), “Testamenta Cantiana” (Duncan and Hussey), “Wells Wills”

(Weaver), “Lincoln Wills” (Gibbons), “Royal Wills” (Nichols), “A

History of English Law” (Holdsworth).

Again, there are books, not directly connected with the subject, in

which wills or pertinent tales occur. In this class I am indebted to

such books as Messrs. Maclehose’s edition of “An Historical Relation

of Ceylon” (Robert Knox), “Anna Van Schurman” (Una Birch), “Bygone

Leicestershire” (Andrews), “The Old Sea-Port of Whitby” (Gaskin),

“Beckenham Past and Present” (Borrowman), “Walks in Islington”

(Cromwell), “_Gentleman’s Magazine_,” “Table Book” (Hone), “London”

(Knight), “Ancient Monuments” (Weever), “Seventeenth Century Men

of Latitude” (George), “Ancestral Stories and English Eccentrics”

(Timbs), “Haunted Houses” (Harper), “Real Ghost Stories” (Stead),

“Naturalisation of the Supernatural” (Podmore), “Dreams and Ghosts”

(Lang), “Folk Lore and Folk Stories of Wales” (Trevelyan), “_The Annals

of Psychical Science_,” and “_The Occult Review_.”

Especial acknowledgment is due to Messrs. Constable and Co. for

permission to make use of articles in “_The Ancestor_”; to Mr. C.

L. Kingsford and the Delegates of the Oxford University Press for

permission to introduce the story of the last days of Elizabeth Stow,

as contained in Mr. Kingsford’s Introduction to his edition of Stow’s

“Survey”; and to Mr. R. de M. Rudolf for valuable illustrations drawn

from his book, “Clapham Before 1700 A.D.”

The idea of this book is the writer’s own. It was inevitable that the

idea should have been anticipated, but of such anticipation I was

unaware until the book was under weigh. The nearest approaches which I

have read are Mrs. Byrne’s “Curiosities of the Search Room: A Collection

of Serious and Whimsical Wills” (1880), and Walter Tegg’s “Wills of

Their Own: Curious, Eccentric, and Benevolent” (1876), to both of which

I acknowledge indebtedness. But those who are interested should repair,

if possible, to their entertaining pages. An earlier anticipatory

volume is G. Peignot’s excellent “Choix de Testamens Anciens et

Modernes, Remarquables par leur Importance, leur Singularité, ou leur

Bizarrerie” (1829).

Since these essays were written Mr. Virgil M. Harris, of St. Louis,

Missouri, has published at Boston, U.S.A., a large collection of wills

under the title, “Ancient, Curious, and Famous Wills,” a work, however,

distinct in scope and style from the present book.

Scattered about these pages are instances of wills, &c., gathered

from newspapers from time to time. This source, also, is gratefully

recognised. Lastly, I have to express my thanks to Mr. Fincham, of

Somerset House, for affording me facilities to introduce two or three

excellent illustrations of my theme.

Other references are mentioned in the text. If any work to which I am

indebted in any respect has not been acknowledged, I trust I may be

accorded a ready pardon.

E. VINE HALL.

_Wimbledon._

CONTENTS

CHAPTER PAGE

PREFACE 7

I. THE ROMANCE OF WILLS 13

II. WILLS NOT FULFILLED 59

III. DR. JOHNSON’S WILL 69

IV. DEATH-BED DISPOSITIONS 82

V. WILLS BY WORD OF MOUTH 93

VI. THE POLYCODICILLIC WILL 106

VII. EIGHTEENTH-CENTURY PIETY 113

VIII. THE DEAD HAND 123

IX. WILLS OF FANCY AND OF FANTASY 134

X. STRIFE 148

XI. LOVE AND GRATITUDE 159

XII. THE SERVANT PROBLEM 169

XIII. ANIMALS AND PETS 178

XIV. THE WAY OF ALL FLESH 187

XV. BURIALS AND FUNERALS 197

XVI. WILLS AND GHOSTS 230

The Romance of Wills and Testaments

CHAPTER I

THE ROMANCE OF WILLS

I

“The older I grow,” Mr. E. V. Lucas has said, “the less, I find, do I

want to read about anything but human beings.... But human beings, as

human beings, are not enough; they must, to interest me, have qualities

of simplicity or candour or quaintness.”

The words of the writer are peculiarly apt to describe the charm of

wills. But the older we grow, the more do men and women, by reason

only of their humanity, absorb our interest. In wills human nature is

most vividly and variously displayed. In wills the dead speak, and

in a manner live again. The poor and the rich, men learned and men

illiterate, all alike have made interesting wills. In some cases humour

and pathos are more unconscious, in others opportunity for effect is

greater; but in wills of every class, and of every age or form, there

is much worthy of remark.

Historically they are invaluable records. In them are reflected all

social, political, and religious revolutions. By them the history of

families or places is preserved and illuminated. As long ago as the

sixteenth century John Stow realised their value, and often referred

to them in his “Survey of London.” No local record to-day would be

complete without the wills of its worthies.

There is unrivalled scope for the imagination in perusing the last

dispositions of the dead. How easy it is, with these documents before

us, to picture the figures of each generation; the fervent Catholic

of the fifteenth century, the pious benefactor of the sixteenth, the

“heroic English gentleman” of the seventeenth, the Whig or Tory of

the eighteenth; and at all times the homely or eccentric testator who

allows many a secret comedy or tragedy to appear, many a prejudice

or foible, many a sentiment of resignation or revolt. Some give the

impression of peevishness and irresolution, of spite or hate; some of

sentimental or petty desires; some of serene care for the future, of

dignity and calm.

Little, indeed, in all literature is more arresting than the revelation

of personality, the unveiling of intimacies that are seldom seen: in

wills these intimacies occur, the veil is withdrawn, in a manner that

elsewhere can rarely be observed. Whether they be light or serious,

amusing or tragic, the occurrence of such vivid traits in a will gives

them a character peculiarly humorous or correspondingly sad. The

idiosyncrasy is magnified, the bias more distorted, when placed in such

a setting.

On the other hand, the interest of a will may arise not merely or so

much from its provisions in themselves, as from our knowledge of the

inner history of the testator’s life and death. Bishop Corbet, that

witty and jovial soul, was one of those fathers who, for all their

love and longing, for all their piety, are disgraced by their sons. In

his will, dated July 7, 1635, and proved on the 5th of the following

September, he wrote: “I commit and commend the nurture education and

maintenance of my son and daughter into the faithful and loving care of

my mother-in-law, declaring my intent by this my last will, as I have

often in my health expressed the same, that my desire is that my said

son be brought up in good learning, and that as soon as he shall be fit

be placed in Oxford or Cambridge, where I require him upon my blessing

to apply himself to his books studiously and industriously.”

He had in “health expressed the same” by verse: but the son Vincent,

in spite of prayer and admonition, was a ne’er-do-well, and after the

Bishop’s death a beggar in London. These lines were addressed to him

upon his third birthday by his fond but ill-requited father:—

“I wish thee, Vin., before all wealth,

Both bodily and ghostly health:

Nor too much wealth, nor wit, come to thee,

So much of either may undo thee.

I wish thee learning, not for show,

Enough for to instruct, and know;

Not such as gentlemen require,

To prate at table, or at fire.

I wish thee all thy mother’s graces,

Thy father’s fortune, and his places.

I wish thee friends, and one at court,

Not to build on but support;

To keep thee, not in doing many

Oppressions, but from suffering any.

I wish thee peace in all thy ways,

Nor lazy nor contentious days;

And when thy soul and body part,

As innocent as now thou art.”

Or take the case of the Gills, father and son. Alexander Gill, senior,

was High Master of St. Paul’s School from 1608 to 1635, and is famous

as having numbered Milton among his pupils. A degree of fame is also

his for the unsparing use of the rod, which he wielded even upon his

son, the under master:

“‘O good Sir,’ then cry’d he,

‘In private let it be,

And do not sauce me openly.’”

In his will we see that as he had ruled in his lifetime, so he would

have his wife rule after him. “And although it may seem needless to

charge my sons so professed how they should honour their mother, yet

I hold it fit in and by this my last will to leave this precept unto

them as my last remembrance, charging them as much as I can that,

as they hope for a blessing of God to be with them, to give her that

honour which is due as the law of God and nature bindeth them, and in

every thing to harken to her counsel and precept and to obey her and be

ruled by her.”

Nor is it surprising to find that another son, Nathaniel, “hath refused

my correction,” and that he has an “unthankful and injurious brother.”

“To my unthankful and injurious brother Simon Gill I freely forgive

all debts which he oweth me, with all demands for other charges of

food apparel losses and supplies in his want by which I have been much

damnified by him, which in a most charitable accompt would come to

above fifty pounds; I forgive, I say, all most freely except one bill

of eight pounds, which debt I give to my executrix, with hope she will

not be troublesome to him by suit thereof except he become troublesome

unto her or her children as his manner hath been towards me and others.”

There are other interesting passages, but as a final touch to the

will of this stormy nature it may be noticed that he gives “the dust

of this wicked carcase to be buried in the dust.” Altogether his will

confirms the opinion of Aubrey in his “Brief Lives,” that “Dr. Gill,

the father, was a very ingeniose person, as may appear by his writings.

Notwithstanding he had moodes and humours.”

Sometimes the circumstances suggest romance. “On the morning of the

action between the Portland packet and the Temeraire French privateer,

off Guadaloupe, on the 14th of October, 1796,” says Kirby’s “Wonderful

Museum” (1803), “Mr. Cunningham, a passenger, who, in a previous

engagement sustained by the Portland packet with another privateer, had

evinced great courage, observed to the captain that he felt a strong

impression that his dissolution was at hand; and on the enemy bearing

in sight, he went below and made his will, declaring his hour was come;

returning to his station on deck, in a few minutes a bullet verified

his prediction.”

So it has been again and again, from the case of Mary Stuart, writing

her will in her own hand during the last hours before her execution,

or of Archbishop Laud drawing up his will in the Tower, to the case of

Señor Ferrer, dictating his testament in the prison chapel at Barcelona.

II

Strange histories, it will be seen, lie behind wills, dull and similar

as at first sight the majority appears. The history may not always be

explicit, but the suggestion conveyed by some gift or revocation, some

phrase or fact, may often be completed by the reader’s imagination. So

Dorothy Skipwith, of Catesby, in Lincolnshire (will dated 1677), “did

revoke and declare void the legacy of twenty guineas mentioned to be

given to Mr. Shomoon, a Frenchman living in Whitehall, which she said

she so revoked in regard he refused to come to her in the time of her

sickness.”

At times we know something of that which lies beneath the surface of

the will. The Duchesse d’Angoulême (died October 19, 1851) forgives,

“following the example of her parents,” all who have injured her,

expressing her love for France and her gratitude to the Emperor of

Austria. And towards the end she states: “I wish all the sheets,

papers or books written by my hand, which are in my strong-box or my

tables, to be burnt by the executors of my will.” These, we are told,

were prayers, meditations, notes which might have caused hurt to the

feelings of others, lists of charities and books of account. The will

is signed in the name of “Marie Thérèse de France, Comtesse de Maines,”

the title which she took in her days of exile.

Anne Davis, spinster, whose will is dated November 14, 1803, reveals,

or half-reveals, some family trouble. She directs that “in case of my

demise my poor decayed body to be decently interred in the burying

ground of Marybone upon the grave where my late dear aunt and friend

lays; her name is on a stone, and I desire mine to be put on the

stone.... I desire to have a patent coffin lined on the outside with

the best black cloth, nails, etc., etc., and every thing that is proper

on this occasion, the best hearse and one coach with the black velvet

feathers and porters. I desire Mr. William Joachim, Mrs. Joachim, Miss

Joachim and Mrs. Toby ... to see my poor decayed body decently buried

upon my dear aunt’s grave,” and “I desire Mr. William Joachim, my

executor, will advertise for my brother Mr. William Davis. The last

time I ever saw him was the 8th of May, 1794, for he desired to see my

dear aunt when she lay dead. He said he was going down to Portsmouth

in the agency line. May God forgive him for all his unkindness to me;

I freely forgive him, and please God that he may make a proper use of

what I have left him.”

Edward Roberts, bachelor, of the parish of St. Clement’s Danes (but

when he made his will in July, 1664, on board the _Great Eagle_), was

open and emotional: “Whensoever it shall please God to call me out of

the world, whether I die by sea or by land, I do give will and bequeath

all that ever I have or shall leave behind me at my death ... unto

Elizabeth Jones whom I love with all my heart and above all women in

the world. And if I had a thousand pounds or neversomuch she should

have every groat of it.”

It needs no subtlety of imagination to diagnose his case; but one would

like to unravel the story of romantic tenderness that seems to lurk

behind the simple will of a Richard Mathews, servant to Hugh Hamersley,

of Spring Gardens, St. Martins-in-the-Fields. He died (was it of love?)

on or before the 10th of October, 1779. His will was dated October

5th, and after some legacies, including one to Mrs. Collis, his “late

worthy fellow-servant,” he continues: “It is my further desire that 5s.

apiece may be given to the men as carries me to church, and it is my

further desire to be buried in a decent manner and my body laid by a

young woman who died at the Rev. Mr. Ellet’s some time ago.”

That the lover is careful to choose suitably his last resting-place

we know from the will of Chrysostom in “Don Quixote.” “‘This morning

that famous student-shepherd called Chrysostom died, and it is rumoured

that he died of love for that devil of a village girl, the daughter

of Guillermo the Rich, she that wanders about the wolds here in the

dress of a shepherdess.’ ‘You mean Marcela?’ said one. ‘Her I mean,’

answered the goatherd; ‘and the best of it is, he has directed in his

will that he is to be buried in the fields like a Moor, and at the foot

of the rock where the Cork-tree spring is, because, as the story goes

(and they say he himself said so) that was the place where he first

saw her.’” With similar sentiment Sir Miles St. John, in Lord Lytton’s

“Lucretia,” by his will requested that a small miniature in his

writing-desk should be placed in his coffin. “That last injunction was

more than a sentiment: it bespoke the moral conviction of the happiness

the original might have conferred on his life.”

In fiction we may realise what terrible deeds or poignant memories are

revived and referred to by the clauses of a will. Thus in Mrs. Henry

Wood’s “George Canterbury’s Will” we know, when Mrs. Dawke’s will is

read, that her husband is the murderer of her child: “To my present

husband ... five-and-twenty pounds, wherewith to purchase a mourning

ring, which he will wear in remembrance of my dear child, Thomas

Canterbury.”

In real wills such knowledge is often hidden from us. Yet innumerable

touches, tender or strange, harsh or sweet, break through their

monotony; ways of life and attitudes of thought, records of deeds or

feelings long ago, are brought vividly before us. Do not the romance

and spirit of England live again in such a document as this? “Right

Worshipful, I safely arrived in the Downs from the Straits the 22nd day

of March last and got to London on Easter Eve, where I presented myself

to the Dean of Westminster and other friends. But on Easter Monday

I was engaged by Sir William Penn to go along with him to the Great

Fleet under the command of his Royal Highness the Duke of York, the

which I readily embraced as thinking it my duty to appear wheresoever

I may in probability do the Church, my Prince, and my Country, the

best service possible. I am at present constituted chaplain on board

the _Unicorn_ where the Lord Peterborough is to sail. Our fleet I can

assure you is in a gallant posture, lying not far from Harwich, at all

points ready for action. I freely refer myself to the goodness of my

God, who hath preserved me hitherto in many dangers (viz.) of battle

shipwrecks fire and storms, etc. And if I shall be taken out of the

world my desires are as heretofore (viz.) that such moneys of mine as

are in your Worship’s hands, or aught else that may be any ways due

to me from Christ Church, be about Michaelmas next, 1665, paid unto

Alexander Vincent, the eldest son of my brother Ambrose Vincent, or if

he shall not then be living unto my eldest surviving nephew whether by

brother or sister. I wish all prosperity and happiness to yourself, Dr.

Allestry and my friends in Christ Church, and remain your much obliged

and true friend and servant John Vincent. (From aboard the _Unicorn_

riding with the Fleet not far from Harwich April 12, 1665.)”

But the seafaring spirit has not always run so high, as the will of a

Richard French reveals. “At the Cowes in the Isle of Wight the 18th

of July, 1636. Whereas by reason of certain disabilities which I

have found in myself more than ordinary this voyage, every man being

almost disencouraged in respect of the smallness of the vessel and

desperateness of the journey, because that my mate Robert Anderson hath

by his no small industry and to the maintaining of my credit undertaken

this voyage with me and still carefully pursued, I do here in this

paper confirm and refer over unto him by deed of gift, conditionally he

goes this journey and I miscarry, all the goods belonging to me in the

pinnace.” Evidently the testator did miscarry, for the document was

proved on the 19th of August, a month and a day after its execution.

III

Thomas Eden, whose will is dated at Wimbledon, August 14, 1803, only

whets the appetite: “I, Thomas Eden, of sound mind and understanding,

though gradually failing in personal strength from advance in years

and what I have gone through in my life, do make this my last will and

testament.” But many curious items of biography emerge from wills.

Sometimes they are accidental or incidental; at other times the

testator makes much of them. Philip, fifth Earl of Pembroke, bequeathed

“to Thomas May, whose nose I did break at a mascarade, five shillings.”

Recently a legacy was left to one whom the testator had nearly burned

to death, another to one whom a testator had saved from drowning. “I

have been very unfortunate,” wrote a lady lately deceased. “I thought

to have a companion for the rest of my days by remarrying, but am once

more stranded and alone.”

Sir John Gayer, an illustrious seventeenth-century citizen of London,

is still remembered in an annual sermon at St. Katharine Cree,

Leadenhall Street, preached by direction of his will in commemoration

of his escape from a lion on the coast of Africa. Ezekiel Nash (will

dated March 27, 1800) left a charitable legacy for his preservation

in an engagement with a French frigate on March the 8th, 1762. A late

manager to a shipping company directed that on his tomb should be

inscribed the words:

“Let on his soul kind judgment fall,

Who did his best for one and all,”

and the following summary of his achievements: “He helped to change

paddle tugs to screw, to initiate high pressure and twin screws for

ocean-going steamers, to introduce the Steam line Conference with

the rebate system, and to start the Shipping Federation, the London

Shipping Exchange, and the British Empire League.”

Richard Forster, in his will dated November 15, 1728, opens with some

remarks on the Church and his position therein. “In the name of God

Amen. I Richard Forster, an unworthy minister of Jesus Christ, advanced

into the order of Christian priesthood according to the usage of the

Church of England, the soundest and best constituted part of the

Catholic Church, (a great number of whose parochial clergy have been

unhappily deprived of a great part of their revenues by the injurious

appropriation of tythes glebes and parsonage houses under the iniquity

of Popery,) and intending to spend the remainder of my days in the

communion and service of this Church, having by the providence of God

and the kindness of my friends been first promoted to the Rectory of

Beckly, in Sussex, and after to that of Crundale, in Kent, and lastly

to the Vicarage of Eastchurch, in Sheppey, (the defects of my duty

in all which parishes I pray God of His infinite mercy to pardon,)

and being advanced into the seventy-eighth year of my age by the

distinguishing favour of God with a sound mind and memory, though with

a weak body, I do make and ordain this my last will and testament.”

John Wakring’s will, proved June 14, 1665, was written at Portsmouth

in the form of a letter from on board the _Resolution_, November 23,

1664: “Mistress Elizabeth, my kind love and best respects presented

unto you, hoping these few lines will find you in good health as I

was at the present writing hereof. I have presumed, hoping it will be

acceptable, to acquaint you of the receival of your letter wherein I

received much joy to hear of your welfare. I should think myself the

happiest man alive if I could attain so much time as for to see you

before my departure, but since God has decreed it otherwise by reason

of much business imposed upon me, nevertheless I would have you accept

of all that is mine as yours if God shall deal with me otherwise than

I do expect. In the meantime I would entreat you for to have a great

care of what you have in your custody, because it may stand you in good

stead hereafter, which is the letter of attorney which I left you in

for the receival of all that is due unto me and my servant from the

time I came out as clerk and everything else. Furthermore, I give you

to understand that I am at the time Sir William Barkley’s cook and am

in very much respect on all sides, and hope, for all these wars, I

shall see you in good estate if God permit. So with my humble duty to

your mother, and my kind love to your brother and sister and to all the

rest of my friends in general, I rest yours, if God bless and permit me

life, John Wakring.”

It is in these informal wills, naturally, that such delightful glimpses

are more frequently obtained, and perhaps one other example may be

tolerated. It is late in the next century, very different in tone

from the seventeenth-century heroes, John Vincent or John Wakring.

Jane Bowdler was an invalid, a spinster of Bath. The language of her

will, proved March 4, 1786, is characteristic of the century. “My

dear and ever honoured father, from the great indulgence you have

always expressed for me I am led to believe that it will still be a

satisfaction to you to comply with some little requests of mine, and

therefore I will mention a few things which I would beg you to do for

me after my death. And first I beg to repeat the sincerest assurances

of my duty love and gratitude to you and my mother, and I pray to God

to bless you and reward you for all your kindness to me. I wish these

sentiments had been better expressed in my lifetime, but I fear my ill

health and loss of speech have sometimes made me a burden to my friends

as well as in some degree to myself. These considerations will,

however, I trust contribute to reconcile them to my death, since the

enjoyment of society has long been in a great measure taken away. Let

us rejoice in an humble but comfortable hope that we shall meet again

in a far happier state to be separated no more. May God of His infinite

mercy grant it.”

IV

Above all, the thought that a will is nothing if not a preparation for

death gives to its study the ultimate significance. For what can be

more momentous than decisions then; what more humorous, in the older

and deeper sense, than foibles and follies at such an hour? What can be

more arresting than the persistence which prompts a man at the approach

of death to seal his life’s work, evil or beneficent, with the sanction

of his will? “Even on the verge of the grave he sought to slake his

ambition by unlawful means; and he succeeded,” says Dr. August Fournier

of Napoleon I. Charles V., in a codicil executed a few days before his

death, solemnly exhorts his son to extirpate the heresy of Luther.

Señor Ferrer dictates his will in the prison chapel at Barcelona,

emphasising the salient points of his belief. There is no retractation

or regret.

John Boyce, “he being desperately wounded in one of his legs the 25th

day of July, 1666, in the engagement with the Hollanders” sets his hand

and seal to his testament “first in the presence of my God above, and

in the presence of us John King, Robert Goulding.” There is a fine

simplicity and solemnity in that. The Noble Robert Dunant, whose will

is dated at Geneva, August 12, 1768, writes simply and solemnly too.

“I the underwritten Counsellor of State, having first humbled myself

before God and implored the assistance of His good Spirit to conduct me

wisely as well in the present as all the other acts of my life, have

made and do make my will in the following manner.”

But casual and worldly wills are common enough. A few words on a

picture-postcard, “All for mother” on an old envelope, have been

thought enough, or have proved enough for a valid will. Mrs. Lirriper’s

legacy, readers of Dickens will remember, was written in pencil on

the back of the ace of hearts. “To the authorities. When I am dead

pray send what is left, as a last legacy, to Mrs. Lirriper, eighty-one

Norfolk Street, Strand, London.”

With others the preparation for death is a pious literary task.

Recently a little volume found its way into the writer’s hands from

the Maison du Sacré Cœur de Beauvais, a “Testament Spirituel,” which,

though not executed for a court of law, must have found favour in

the courts of heaven. In wills, indeed, we see the romance of souls.

Catholic, Anglican, and Protestant dedications of the soul to God,

whether in the fifteenth or the sixteenth century, are often very

beautiful and touching. In the nineteenth and twentieth centuries

the custom and tradition have departed. Only occasionally a Catholic

or a fervent Evangelical recalls forgotten days. Some examples of

eighteenth-century piety will be given later, but these essays would

not be complete without other illustrations.

As an example from Catholic England the following is typical: “In the

name of God, Amen. I Dame Anne Haydon, widow, being in my whole mind

and of good memory the XVIIth day of December in the year of our Lord

God 1509, and in the first year of King Henry the VIIIth, make this my

testament and last will in manner and form following, that is to say,

First, gracious Jesu, I as a sinful creature by reason of my demerits

not worthy to be accepted into the holy company of heaven to continue

in that holy place, Lord, without Thy great and large mercy and grace,

(the which through Thy Passion to every Christian man meekly and lowly

asking graciously grantest): Wherefore I now being in my full and whole

mind and in perfect love and charity, and in steadfast faith, ask and

cry Thee, Jesu, our Lady Saint Mary Thy blessed Mother, all the holy

company of heaven, and all the world, mercy, trusting verily that

through Thy Passion and with the succour and relief of that gracious

Lady Thy Mother and Maid to sinners to her calling for help of her

great pity greatly and very comfortable: Wherefore, blessed Jesu, I

commit my soul to Thee and to Thy blessed Mother our Lady Saint Mary

and to all saints of heaven through the mean and help of St. John

Baptist, St. Anne, St. Mary Magdalen and St. Christopher mine avouers.

And my sinful body to be buried in the Chapel of St. Luke in the

Cathedral Church of the Holy Trinity of Norwich, if I die in Norwich or

in Norfolk.”

Such is a common form, diversified by individual and expressive

variations, of wills in those days. The Reformation changed the form

but not the spirit of these avowals. “I render back,” wrote Sarah Ward

in 1662, “into the hands of my God and Creator the soul I received from

Him, humbly desiring His fatherly goodness for the infinite merit of

His Son Jesus Christ and His all-sufficient Passion, (on which I wholly

rely, disclaiming any confidence in saints or angels,) that He would

make it partaker of eternal life and a citizen of His heavenly Kingdom.

My body I bequeath to the earth whence it was taken, firmly believing

the resurrection of the dead, and that I shall rise again in the last

day, and see God in my flesh with the self-same eyes I now use and no

other. The manner of interring it I leave wholly to my executors ...

being no farther solicitous for so contemptible a remnant than as it is

yet the hospital of a reasonable soul.”

But with the fervent eloquence of Thomas Peniston, of St. Margaret’s,

near the City of Rochester, Esquire (proved the 5th of September,

1601), these considerations must be concluded. “In the Name of the

most holy and incomprehensible Trinity, Father, Son and Holy Ghost, in

Person three, in power one, almighty and everlasting God, Creator of

Heaven and Earth and all therein contained, to whose glorious Deity

I poor wretch His creature do from the bottom of my heart and soul

render most humble and most hearty thanks for all His innumerable

benefits bestowed on me, as my creation of nought, my redemption by

that divine mystery of the Incarnation and generous Passion of my sweet

Saviour Jesus Christ, when I was through the offence of my forefather

Adam become worse than nought, my continual preservation in the life

present, mine election to Salvation before the foundations of the

world were laid, my assured hope of glorification in time to come

through His infinite mercy by the mediation of Jesus Christ, and for

all whatsoever hath befallen me of good since my first entrance into

this vale of misery, acknowledging them all to have proceeded merely

of His unspeakable bounty and goodness without any spark of merit or

desert in myself, and so much the more am I bound to Him for the same,

most humbly beseeching His most glorious Majesty to accept in good part

this my sincere sacrifice of thanksgiving as the only oblation which

my poor sin-distressed soul in all humbleness of heart and ferventest

spiritual zeal can offer unto Him for all those His manifold graces

towards me, and that it will please Him for His mercy’s sake in the

blood of that immaculate Lamb of God, Jesus Christ, to vouchsafe to

continue His gracious goodness towards me both now and at all times

hereafter, and at the present by the assistance of His Holy Spirit so

to direct me in the setting down of this my last will and testament

as the same may best sort to His glory, my comfort, and the good of

those whom it may concern.... And first as the most principal part I

do with a free and cheerful heart bequeath my soul unto almighty God

the Creator and Redeemer thereof, most humbly beseeching Him for His

mercies’ sake through Jesus Christ the only begotten and well-beloved

Son of God the Father, in whom He is well pleased, to receive the same

into His most holy and gracious protection, cleansing and purging

the sinful deformities thereof with the precious blood of that my

only sweet Saviour, and to bury all my transgressions and offences of

what nature or kind soever in the bottom of the sea, that they never

rise up in judgment against me, but that I (though of myself the most

miserable sinner alive), through His infinite and unspeakable mercy by

His loving imputation of the perfect righteousness and true obedience

of that my most sweet Saviour Jesus Christ, who being perfect God

became man, and after full performance of God’s most holy laws and

commandments endured the most horrible tortures of death thereby to

save my poor soul from the intolerable and endless torments of hell

fire, which of itself (ah woe is me therefore) it hath deserved, and

to make it inheritable to the unspeakable joys in Heaven; of which His

most gracious favour being throughly assured by His holy Spirit in

my soul which continually warranteth me to sing all honour, glory and

praise unto my dear Father in Heaven, who in His mercy, (which by many

thousand degrees exceedeth my manifold transgressions,) hath created

and adopted me to be an heir of His heavenly and everlasting kingdom,

I most assuredly hope and undoubtedly expect that whenso it shall

please His incomprehensible Deity the fullness of time to be expired,

this poor soul of mine being through His all-working power knit again

to this my flesh which then shall be made incorruptible and immortal,

I shall without end in Heaven enjoy the sight of my most glorious and

everlasting God my Creator, Redeemer and Comforter, and there for ever

with the holy saints, angels and archangels, laud honour praise and

worship His most holy Name to my infinite unspeakable and sempiternal

comfort. And as concerning my body which I hope I shall be always at

the pleasure of my good God most ready to yield up, I will that after

my death the same shall be buried in decent sort by the direction of my

executors in the Cathedral Church of Rochester according to my degree

and calling.”

V

It will readily be realised how wills from time to time illustrate the

bare facts of history, with what vividness they might invest them if

more frequently cited. Thus Margaret, Lady Hungerford, in 1476 enjoins

her heirs not to disturb any of the alienations of her property, which

she had been obliged to make owing to “seasons of trouble time late

passed,” viz., the Wars of the Roses. Richard Lumley, Knight, Lord

Viscount Lumley, writes on the 13th of April, in the thirteenth year of

Charles II.: “And could I have done more for my family than I have done

I would; and had done much more for them had not I had so great losses

by the late calamitous times.”

Richard Burnand, of Knaresborough (1591), gives to his cousin “Dynnys

Baynebrigge and his wife two silver goblets, worth in value XLs a

piece, with my arms and name upon them, and they to have the use of

them during their lives; and after their deceases I give the same

goblets unto Anne Faux and Elizabeth Faux.” To Guy Faux he gives “two

angels, to make him a ring.” This Guy is the celebrated and almost

mythical figure in whose honour bonfires still flare on November 5th.

Anne and Elizabeth were his sisters, and Mrs. Baynebrigge, widow of

Edward Fawkes, their mother. Moreover, by the wills of Robert Wilcox in

1627, and of Luke Jackson in 1630, sermons were directed to be preached

yearly on November 5th in honour of the discovery of the plot.

In days to come, perhaps, peculiar interest will attach to the will

of Mlle. Meunier, the Frenchwoman who sympathised with the views of

Ferrer and left him a considerable legacy some ten years before his

execution. But who can estimate the value of Raisley Calvert’s legacy

to Wordsworth, whereby the poet was relieved of the deadening care of

money-making?

“A youth—(he bore

The name of Calvert—it shall live, if words

Of mine can give it life,) in firm belief

That by endowments not from me withheld

Good might me furthered—in his last decay

By a bequest sufficient for my needs

Enabled me to pause for choice, and walk

At large and unrestrained, nor damped too soon

By mortal cares. Himself no Poet, yet

Far less a common follower of the world,

He deemed that my pursuits and labours lay

Apart from all that leads to wealth, or even

A necessary maintenance insures,

Without some hazard to the finer sense;

He cleared a passage for me, and the stream

Flowed in the bent of Nature.”

Changes and controversies in the Church find an echo in wills. Dr.

Sanderson, Bishop of Lincoln, whose will was made about three weeks

before his death (January 29, 1662-3) professes his faith at a

significant date: “And here I do profess that as I have lived so I

desire and—by the grace of God—resolve, to die in the communion of the

Catholic Church of Christ, and a true son of the Church of England:

which, as it stands by law established, to be both in doctrine and

worship agreeable to the word of God, and in the most material points

of both conformable to the faith and practice of the godly Churches of

Christ in the primitive and purer times, I do firmly believe: led so

to do, not so much from the force of custom and education—to which the

greatest part of mankind owe their particular different persuasions

in point of Religion,—as upon the clear evidence of truth and reason,

after a serious and impartial examination of the grounds, as well of

Popery as Puritanism, according to that measure of understanding,

and those opportunities which God hath afforded me: and herein I am

abundantly satisfied that the schism which the Papists on the one

hand, and the superstitions which the Puritans on the other, lay to

our charge, are very justly chargeable upon themselves respectively.

Wherefore I humbly beseech Almighty God, the Father of mercies, to

preserve the Church by His power and providence, in peace, truth, and

godliness, evermore to the world’s end: which doubtless He will do,

if the wickedness and security of a sinful people—and particularly

the sins that are so rife, and seem daily to increase among us, of

unthankfulness, riot and sacrilege—do not tempt His patience to the

contrary. And I also further humbly beseech Him, that it would please

Him to give unto our gracious Sovereign, the reverend Bishops, and the

Parliament, timely to consider the great danger that visibly threatens

this Church in point of religion by the late great increase of Popery,

and in point of revenue by sacrilegious inclosures; and to provide such

wholesome and effectual remedies, as may prevent the same before it be

too late.”

Similarly, Richard Ward, whose will is dated February 6, 1664-5,

bequeaths his “body to the earth whence it was taken, to be decently

and Christianly buried according to the order of the Church of England

... wishing and praying from my very soul that this sinful and

unthankful kingdom may never forget or forfeit that most miraculous

mercy of God in restoring and establishing it.” Such contemporary

comments are fascinating; so, too, the spirit of the same testator who

dedicates his “young tender and only son George Ward” to the service

of the Church, “if God shall so dispose his heart, which I trust He

will because I am not without hopes that God Almighty did accept of my

solemn dedication of him before he was formed in the womb. And the good

God be his guide and portion.” It is not surprising to find this gentle

spirit “languishing under the fatherly visitation of my most gracious

God, to whose good pleasure I with all cheerfulness submit,” and

speaking of his “dear sweet wife” and “dear and tenderly loving wife.”

The Restoration is a landmark in history. But there are passages in

wills which recall the clash of controversialists forgotten now, yet

provocative of fierce animosities in their time. Edward Evanson, who

became Rector of Tewkesbury in 1769, was a modernist and innovator,

a Richard Meynell of his day. In reading the services he would adapt

words or phrases at pleasure, and in the lessons point out errors of

translation. But a crisis was provoked by a sermon on the Resurrection

preached at Easter, 1771. He was prosecuted in the Consistory Court

of Gloucester, for “depraving the public worship of God contained

in the liturgy of the Church of England, asserting the same to be

superstitious and unchristian, preaching, writing, and conversing

against the creeds and the divinity of our Saviour, and assuming to

himself the power of making arbitrary alterations in his performance

of the public worship.” Finally the charge fell through, on technical

grounds, in 1777, but Mr. N. Havard, town clerk of Tewkesbury,

published a narrative of the case. After a life of controversy Evanson

died on September 25, 1805.

We can trace out bequests both for and against this troubler of the

peace. Penelope Taylor, of Worcester, a widow with views beyond the

circle of her home, gave by a codicil dated July 5, 1776, to Mr. Havard

£200 to testify her approbation of his conduct “in the prosecution

against Mr. Evanson, Vicar of Tewkesbury, and toward the expense of

that laudable suit in the defence of Christianity.”

But Dr. Messenger Monsey, with no measured language, in his will

dated twelve years later, upholds the other side. The controversy was

not forgotten. Dr. Monsey was a contemporary of Dr. Johnson, one who

“talked bawdy” in the latter’s less than elegant phrase. His will, in

several respects noteworthy, must appear again. He had given, he says,

by a previous will an annuity of £50 to Mr. Evanson; but since he had

declined it, the testator substituted a nominal gift of £10 per annum,

to manifest his great regard “for my friend Mr. Edward Evanson, and

the opinions I have of his abilities and integrity in standing forth

so ably as he has done in support of reason and true religion against

the nonsense jargon and impiety so avowedly professed by a set of A.

B————ps, D————ns, P————ts, and D————cons, who stood forth in defence of

creeds articles and subscriptions without suffering or promoting any

reformation for establishing the purity and simplicity of reasonable

Christianity.”

Last of all died Evanson. His will is disappointing. It opens thus:

“I Edward Evanson think it my duty under present circumstances to

dispose of that portion of worldly property with which it hath pleased

the divine providence of God to bless me.” Otherwise there is no

reference to religion, none to his stormy life, save this incidental

remark: “Conscientious objections to the Liturgy of the Established

Church having prevented my standing godfather for my brother-in-law

Mr. William Alchorne’s son, which I should otherwise have done, in

lieu of the customary baptismal gifts I now give and bequeath to Mr.

Wm. Alchorne aforesaid the sum of £50 in trust and for the sole use of

his son Evanson Alchorne.” His wife Dorothy was residuary legatee, and

the will, witnessed by three servants, was dated April 8, 1805, and

proved on October 16th. He was a fighter; but not one of those who make

militant wills, proclaiming, as it were with the last breath, their

prepossessions and beliefs.

VI

“When London’s plague, that day by day enrolled

His thousands dead, nor deigned his rage to abate

Till grass was green in silent Bishopsgate,

Had come and passed like thunder—still, ’tis told,

The monster, driven to earth, in hovels old

And haunts obscure, though dormant, lingered late,

Till the dread Fire, one roaring wave of fate,

Rose, and swept clean his last retreat and hold.”

WILLIAM WATSON.

It was to be expected that the plagues would leave their mark on these

records, and very tragic such traces are. Many were driven to make

their wills while still in health, but others delayed till the sickness

had seized them. Of the latter more will be quoted hereafter; a few of

the former may here illustrate the plague of 1665. It is strange that

Defoe did not embellish his narrative with documents so vivid.

Death came swiftly, nor was it possible always to set the will down

in writing. “Memorandum that on or about the nineteenth day of July

in the year of our Lord God 1665 Edward Thompson, late of the parish

of St. Paul’s in Covent Garden in the County of Middlesex, shoemaker,

being then of good health of body and of good or perfect memory, but

his house being then shut up and visited with the plague, and one of

his children shortly before dying in the house of the same disease, he

declared his last will and testament nuncupative, or by word of mouth,

in these or the like words following, that is to say: It is my last

will and desire that, if it please God to take me out of this world

by this present visitation, that then my loving friend and cousin,

Mr. Andrew Caldwall, shall take care of my son Alexander Thompson,

(being then his only surviving child) and shall bring him up and put

him forth an apprentice, and when my said son shall come to full age

to give him a just account of my estate and pay unto him what shall be

then remaining thereof in his hands. But if it shall please God that

my said son Alexander shall die also, then after the death of my said

son I give to my two brothers in Scotland and to their children 1/-

apiece. And all the rest of my goods, chattels and estate whatsoever I

give and bequeath unto the said Andrew Caldwall, in regard I have been

more beholding unto him than to my brothers or to any friend in the

world.” Evidently he was struck down swiftly, for on the 5th of August

following this will was proved.

We see the fear of death hanging over the town, and how hastily wills

were prepared. “My mother desired me on her death bed to be a brother

to my sister Mary Grover, and if she lived to give her in money ten

pounds, (and) a gold ring which was my mother’s.... If it should please

God to take me away, and my sister alive, I desire she should have all

that is her’s.... John Hunt will be one to see that it be not baffled

away but carefully looked to for the good of my poor sister.... And my

desire is that she be defrauded of none, but that care be taken for the

child’s bringing up. As for my burial accordingly to the discretion of

my overseers: if healthy times decently, if other times according to

their appointment. This I writ myself for fear I should be deprived by

sudden death.... The trunk at Mr. Hall’s and chest and box are top full

of the best of linen and other things, and my trunk is top full at the

Tavern.... If I die I pray let this be engrossed and put for my will in

court. Written 1st September, 1665.” (John Grover, proved May 13, 1666.)

Henry Dickens, of St. Martin’s-in-the-Fields, cordwainer, makes his

will “being at this present sick and weak in body, but of sound and

perfect mind and memory, for which I give all possible praise and

thanks to Almighty God, and not knowing what may befall me in these sad

times of God’s heavy visitation with the plague, (dated September 6,

1665, proved May 4, 1666);” Ralph Tymberlake, tallow chandler, “calling

to mind the great uncertainty of this life, especially at this time

when the arrows of God’s wrath are amongst us,” (dated September 9,

1665, proved September 20th); and John Garland thus: “The Lord’s hand

being evidently gone out against this city, and not knowing how soon

the stroke of death may be my portion, in order thereunto I make this

my last will and testament. And in the first place I commit my soul

into the arms of my Saviour the Lord Jesus in hope of His appearing

at the resurrection of the dead, that when He appears I also may

appear with Him in glory; and my body to be buried in a decent place

and without funeral pomp, and so deep in the earth as not unnaturally

to take up other men’s bones or too easily to scratch up my own by

others.” (Dated August 15, 1665, proved January 5th following.) What

bitter irony that at such a time he wishes to be buried “without

funeral pomp”!

But peculiarly pathetic is the will of Henry Mabank. It is a letter to

his mother, in the country, perhaps, and dreading every hour to hear

that her son was stricken. It was proved on May 4, 1666. “Dear Mother,

my duty to you remembered, and my love to my brothers and sisters and

to Mr. Rudd and Mistress Rudd and Billy and to Henry Chandler, hoping

you are all in good health as I am at this present writing, thanks be

to God. Dear Mother, my desire and will is, that if you never see me

more that my brother George and sister Betty and sister Ann shall have

£100 which is upon bond equally divided between them.... Dear Mother,

if it please God that I live till the 7th of August there will be £10

due to me from my master and £3 due the 20th of August upon bond. This

£13 I will leave to your disposing. I am not afraid of the sickness,

yet it is very near our house. I pray excuse me from writing every

week; you shall hear of my welfare in Mrs. Rudd’s letters. So in haste

I rest, Your dutiful son till death, Henry Mabank. July the 20th,

1665.”

Finally, the horrors of the plague and its attendant heroisms are

recalled by the will of Sir Edmund Bury Godfrey, proved April 14, 1679.

His will is otherwise remarkable, consistent with his fine independent

character, and this opportunity may be taken for quoting it in part.

How little his wishes were observed students of his life will know,

and they will know also how peculiar were the circumstances of his

death, which are briefly related at the close of the following essay.

“I desire my executors ... to cause my body to be privately buried in

the meanest place of burial belonging to that parish or place wherein

I shall die but not in the Church, this to be performed without pomp

or pageantry, not to be accompanied with numerous attendants either

of friends or relations the which as I affected not in my lifetime I

would not have imposed on me being dead: to that end, and to avoid

being troublesome to the world and especially to the streets when dead,

I desire to be buried very early in the morning or very late at night

with as much privateness as may be, without any solemn invitation

of my acquaintances or kindred as also without any funeral sermon

or other harangue, which I do hereby forbid, any monument or other

memorial of stone or brass to be made for me, hoping that my failings

will be buried with me in the grave without any partial remembrance

of evil or good actions, if any such have been, which are so called

at the relator’s pleasure. As for the Charity which I have for some

years bestowed on the poor of the parish of St. Martin’s in the Fields

aforesaid, viz. 10/-in bread on every Lord’s Day or on some day at the

beginning of each week, my will is that my executors ... do jointly and

severally take care and continue to do the same by themselves for the

space of ten years from and after the time of my decease.... And I do

further will that the Charity by me given of 2/-per week in bread to

the poor of the parish of Selling being the place of my birth[1] ...

be weekly continued to be given ... in the same manner during the same

time and on the like terms as are already mentioned in the behalf of

the poor of the parish of St. Martin’s in the Fields aforesaid, and

be continued after the determination of twenty-one years on the same

terms therein expressed at the discretion of my executors their heirs

or executors and no otherwise. Item: I give unto my brother Mr. Peter

Godfrey, if he shall be living at the time of my death and not else,

one hundred pounds instead of my great silver flagon once intended him

whereon are engraven His Majesty’s Royal Arms with my own adjoined, and

was so given unto me by order of the King and Council in memory of the

service which God enabled me to perform towards the visited poor in

that dreadful year of plague 1665, the which I am always to remember

with humility and true thankfulness.... And I do particularly give unto

my brother Mr. Michael Godfrey my great flagon aforementioned of the

King’s gift.”

After the plague, the fire. That naturally does not loom large in

wills, but references may be found. Thus Edmund Calamy, “minister of

the gospel,” whose will was dated October 4, 1666, and proved November

14th, gave to his “dear and loving wife,” Anne Calamy, “all the ground

whereon my house stood which was lately burned down, called or known

by the name and sign of the Rose, and was situate and being in St.

Nicholas Lane, London, and all the timber and all the materials which

did belong to the same that yet remain unburned, (if any be).” “And as

for the manner of my burial, my desire is to be buried in the ruins of

Aldermanbury Church; and in regard of my many children my will is that,

besides mourning unto my relations, nothing be given at my funeral, not

doubting that my friends and acquaintances, who shall come to perform

their last office of love to me, will not come out of expectation of

anything, but out of pure love and respect to the memory of their

deceased friend.” This Edmund Calamy was committed to Newgate on

January 6, 1663, the first Nonconformist who suffered for disobedience

to the Act of Uniformity. Set free by order of the King, he was driven

through the ruins of London, and the sight, it is said, broke his

heart. He died on October 29, 1666, and was buried in the ruins of his

church, “as near to the place where his pulpit had stood as they could

guess.”

Lastly, Thomes Rich (dated July 31, 1672), devised a messuage and

premises in Lime Street, St. Andrew Undershaft, the rents to be

distributed as to 40s. yearly to the minister of the parish to preach

there two sermons, one on New Year’s Day, the other on the third

Tuesday in September, in thankfulness to God for the preservation of

the parish from the Fire.

VII

Appended to the will of Thomas Appletree, a lengthy document, is the

following memorandum: “Be it remembered that on Saturday the one and

thirtieth day of March last past before the date hereof (April 27th,

1666) Thomas Appletree, of Dadington, ... Esq., lying sick in his bed,

(his brother William Appletree of Dadington aforesaid, Gentleman,

being by his bedside, and Lettice Appletree daughter of the said

Thomas Appletree being in the same chamber,) his said brother William

Appletree said thus unto him:—Brother I know you have made your will,

pray where is it? His answer was:—It is in the little trunk at my bed’s

feet.”

In this case the survivors seem to have been more anxious than the

dying man that the will should not be mislaid. They were not subject

to the delicacy of feeling of Mr. Weller in a later age. “Samivel,”

said Mr. Weller accosting his son on the morning of the funeral, “I’ve

found it, Sammy. I thought it wos there.” “Thought wot wos where?”

inquired Sam. “Your mother-in-law’s vill, Sammy,” replied Mr. Weller.

“In wirtue o’ vich, them arrangements is to be made as I told you on

last night respectin’ the funs.” “Wot, didn’t she tell you were it

wos?” inquired Sam. “Not a bit on it, Sammy,” replied Mr. Weller.

“We wos a adjestin’ our little differences, and I wos a cheerin’ her

spirits and bearin’ her up, so that I forgot to ask anythin’ about

it. I don’t know as I should ha’ done it indeed, if I had remembered

it,” added Mr. Weller, “for it’s a rum sort o’ thing, Sammy, to go

a hankerin’ arter anybody’s property, ven you’re assistin’ ’em in

illness. It’s like helping an outside passenger up, ven he’s been

pitched off a coach, and puttin’ your hand in his pocket, vile you ask

vith a sigh how he finds hisself, Sammy.”

The danger of a will’s loss or destruction preys upon some minds, a

subject which must be recurred to in the last chapter of this book.

Various expedients to facilitate the finding of the will are adopted.

Dr. Thomas Cheyney, Dean of Winchester, whose will was proved in 1760,

began a codicil thus: “Whereas by my last will (which may be found in

the innermost part of a little walnut bureau with one glass door in my

long gallery)....” Lord St. Leonards, the lawyer, made every effort for

the safety of his will, it being carefully kept in a strong-box and

securely guarded, as was thought; but when he died in 1875, and the box

was duly opened, the will was missing after all.

“Thackeray,” says G. W. E. Russell in “Seeing and Hearing,” “did not

traffic very much in wills, though, to be sure, Jos. Sedley left £1,000

to Becky Sharp, and the opportune discovery of Lord Ringwood’s will in

the pocket of his travelling-carriage simplified Philip’s career. The

insolvent swindler, Dr. Firmin, who had robbed his son and absconded

to America, left his will ‘in the tortoiseshell secretaire in the

consulting-room, under the picture of Abraham offering up Isaac.’”

A missing will is the novelist’s delight. In Miss Everett Green’s “A

Will in a Well,” among the incoherent sentences of a dying man, the

words “Search well” are overheard. But it needed an acute intellect to

realise, after every effort had been made to find a satisfactory _last_

will, that it was a disused well that should have been scoured for the

document. In Mrs. Wilfred Ward’s “Great Possessions” a lost will is

found, and redeems the testator’s reputation.

No hiding-place is too unlikely. When Lord Hailes died in 1792 no

will was to be found. The daughter and only child had given up hope

of possessing the mansion-house, but when her servants were locking

it up and closing the shutters, from behind a panel there fell the

will which secured her the estate. Harris Norman, a pedlar, who died

worth over £11,000, left a will which was found in a silk hat; and

lately a curious story was told in the Probate Court of a will found

in a clock. The deceased’s husband, it was stated, made a search for a

will, but was for some time unsuccessful. As the greater part of his

wife’s property consisted of freeholds, in which under an intestacy he

would take but a curtesy interest, it was with anxiety that the search

was made. Eventually, at the back of a clock on the mantelpiece, the

will was found, betrayed by the stopping of the clock. Not unnaturally

a charge of forgery was set up. It is certainly dangerous, for more

than one reason, to hide a will securely away. In this case the judge

pronounced in its favour. “What more likely than after the deceased had

been worried to make a will for little Hilda (her niece), she thought

that she would leave her property to her husband? Was it likely that

she would tell any one? Was it not likely that she would put it in some

place—as in the back of the clock—which would not be opened for some

days after her death?”

On the other hand, the High Court of Bengal, in 1903, refused to admit

to probate a will which was stated to have been searched for and found

in a tin box formerly in the possession of one who was said to have

been the custodian of the will in his lifetime, and the Court said: “We

hold that fraud and deceit were practised at the finding of the will.”

Certainly wills are given sometimes to friends for custody, and then

themselves bequeathed. Charles Johnson, for instance, seaman of the

frigate _Coventry_, in his will dated 1778, stated that he had two

wills in his possession, and these at his death he gave to his friend

Henry Dye, belonging to the same ship.

“Memorandum, that on the three and twentieth day of July, 1595, this

will was found in the little black trunk of the said Elenor Clarke

standing at her bed’s foot, being found locked and opened in the

presence of us John Worsopp, William Payne, John Smithe.” The heirs

of Charles William Minet, who died in 1874, a descendant of a family

which had fled from France at the persecution of Protestants in 1686,

were not so fortunate. No will could be found, and his manor-house was

sold. But in 1905, on a death in another branch of the family, some

neglected cases were examined, and in one of them lay the will. It

showed that the estate had been settled in tail, and it was accordingly

repurchased, that the testator’s intentions might not be frustrated.

But intentionally or unintentionally, a will may be destroyed. The

romance of wills breathes from this codicil to the will of a West

Indian merchant. “Grenada, 20th March, 1795. I Simpson Strachan, of

said Island, and in the town of St. George Northant, do make this

codicil to my last will and testament dated 1786, the day and month I

do not at present recollect nor can I have recourse to said will by

reason of its being buried under ground to prevent its being burnt

by the enemy.” Sometimes a happy chance may preserve the tenour of a

will. The estate of a testatrix who died in 1872 being at the time

valueless, her will was not proved. But recent improvement in certain

property made probate a necessity. The original will, however, had been

destroyed in a fire, and only the copy of a copy remained. This copy,

though imperfectly transcribed, was admitted to probate, subject to

obvious emendations.

At other times a more serious problem is presented. A will may be

destroyed by the testator, or in his presence, but not necessarily

so as to revoke or annul it. Upon this point interesting actions

turn from time to time, and curious family histories are disclosed.

It is very difficult to decide in some cases whether the deceased

himself destroyed the will or whether at the time he approved of its

destruction; the time and temper lost, the publicity involved, show how

foolish it is to die intestate. If one wishes the estate to devolve

under the statutes for the distribution of intestates’ property, it

is still possible to make a will stating that this is the testator’s

desire.

As foolish is it to die intending that a torn will shall be valid. In

1908 a Yorkshireman died, leaving as his will one that had been torn

in fragments by his wife. Next day she pinned the pieces together, and

the matter was dismissed as a joke. The testator only laughed when it

was suggested that trouble might ensue through the tearing of the will.

“By the Wills Act a will might be revoked by tearing by the testator or

by his authority and in his presence. This will had undoubtedly been

torn up in his presence, but there was no evidence that it had been

done by his authority; indeed the evidence was all the other way.... No

will could be revived except by a duly executed document, and similarly

the testator could have revoked his will by another will had he wished

to do so. It was, however, clear that he always regarded the torn will

as a good one and examined it to see if it was legible. Something had

been said as to all Yorkshiremen being lawyers. They were a hard-headed

people, and the testator’s view was quite correct.” So said the learned

Judge.

Of all acts which exasperate the human sense of piety and justice,

perhaps the most exasperating is the destruction of a will after the

death of the deceased. The destruction of the will of George I. by his

son George II. is famous in history, but in view of evidence recently

adduced we need not enlarge upon the traditional interpretation. Some

wills, indeed, are better destroyed.

For the purposes of poetry, drama, and fiction, this theme is obvious

but not negligible. There is a remarkable similarity between the

atmosphere of Sir Arthur Pinero’s dramas and George Crabbe’s poems.

Each, too, has chosen in one instance the criminal destruction of a

will to build upon, and while Crabbe’s poem, “The Will,” is slight and

Pinero’s drama, “The Thunderbolt,” is subtle, yet poet and dramatist

are worth comparing.

In “The Will” a father wishes to disinherit his unworthy son and leave

his estate to a worthy friend. The friend dissuades him, but keeps the

first will in case the father should revive it.

“The Will in hand, the Father musing stood,

Then gravely answered, ‘Your advice is good;

Yet take the paper, and in safety keep;

I’ll make another will before I sleep,

But if I hear of some atrocious deed,

That deed I’ll burn, and yours will then succeed.

Two thousand I bequeath you. No reproof!

And there are small bequests—he’ll have enough;

For if he wastes, he would with all be poor,

And if he wastes not, he will need no more.’

The Friends then parted: this the Will possess’d,

And that another made—so things had rest.”

Until the father died.

“Unhappy Youth! e’er yet the tomb was closed,

And dust to dust conveyed in peace reposed,

He sought his father’s closet, searched around,

To find a will: the important will was found.

Well pleased he read, These lands, this manor, all

Now call me master! I obey the call!

Then from the window looked the valley o’er,

And never saw it look so rich before.

He viewed the dairy, viewed the men at plough,

With other eyes, with other feelings now,

And with a new-formed taste found beauty in a cow.

The distant swain who drove the plough along

Was a good useful slave, and passing strong!

In short, the view was pleasing, nay, was fine,

‘Good as my father’s, excellent as mine!’

Again he reads,—but he had read enough;

What followed put his virtue to a proof.

‘How this? to David Wright two thousand pounds!

A monstrous sum! beyond all reason!—zounds!

This is your friendship running out of bounds.

Then here are cousins, Susan, Robert, Joe,

Five hundred each. Do they deserve it? No!

Claim they have none—I wonder if they know

What the good man intended to bestow!

This might be paid—but Wright’s enormous sum

Is—I’m alone—there’s nobody can come—

’Tis all his hand, no lawyer was employed

To write this prose, that ought to be destroyed!

To no attorney would my father trust:

He wished his son to judge of what was just,

As if he said, My boy will find the Will,

And, as he likes, destroy it or fulfil.

This now is reason, this I understand—

What was at his, is now at my command.

As for this paper, with these cousiny names,

I—’tis my Will—commit it to the flames.

Hence! disappear! now am I lord alone:

They’ll groan, I know, but, curse them, let them groan.’”

Needless to say, Wright inquires for the will, and is told that

there is none. After expostulation and discreet delay, the friend is

satisfied that the will is destroyed: to the son’s consternation a copy

of the first will is produced, and David Wright becomes the lawful heir.

In “The Thunderbolt” the simple theme is drawn out with quiet but

subtle skill. An elder brother dies, rich and with one child only, a

natural daughter. The family, upon whom nature has showered neither

excellence nor wealth, assembles with all the gloom and all the

curiosity appropriate to the occasion. It appears that there is no will

forthcoming; the daughter therefore will have no share in the estate,

the brothers and a sister being entitled between them. But when all is

thought to be settled and safe, when each has devised a new scheme and

scale of life, a brother breaks in upon the smug conclave announcing

that there was a will, but that he had destroyed it. His story breaks

down, and the act is traced to his wife who nursed the deceased on

his death-bed, accidentally found the will, and after his death

deliberately destroyed it. The poor daughter finds that her father has

not forgotten her; the selfish family is thunderstruck. Such is the

character, and hence the name, of the play.

In Sir Arthur Pinero’s drama no lawsuit follows, all parties agreeing

in a compromise. But in real life probate actions are a rich source of

intimate dramas and revelations. From them innumerable details emerge:

threats and cajolery, rights and wrongs, loves and hates, stand out

with all their tender or terrible insistence. In fiction inevitably

they find a place. In “Mr. Meeson’s Will” Sir Henry Rider Haggard has

discovered an extraordinary theme, but he has not shown the art which

made the ordinary theme of “The Thunderbolt” a subtle and telling play.

Mr. Meeson is outraged by his nephew’s plain-speaking, which reminds

him of his unrighteous dealings, and in a rage cuts him out of his

will. The girl on whose behalf the nephew was to be disinherited is,

by a strange course of events, thrown with Mr. Meeson on a deserted

island, with two sailors and a child only besides. In terror of death,

which swiftly overtakes him, Mr. Meeson would revive his former will,

but there is nothing with or upon which to write it. The only possible

method is to tattoo the dying man’s desires upon human flesh, and this

is done by one of the sailors upon the back of the tortured girl. She

is rescued by a passing ship; and on returning home a probate action,

such as never yet had been, was fought out to a triumphant conclusion.

Another story, scarcely less remarkable in its own way, is revealed

by Edmund Gosse, in “Father and Son,” of an action set in motion by a

son who was grievously wronged by one of the “saints”—the sect among

whom Mr. Gosse’s father held an honourable place. This member of the

community had persuaded a rich man, well on in years, to board with

him, and when he died a will was produced leaving his entire fortune to

the “saint” with whom he lodged. Yet the old man had a son surviving.

In time the son came home from overseas, and the universal legatee

of the will was arrested. The trial disclosed that the old man had

been “converted” by the “saint,” and had disinherited his son as an

“unbeliever.” The “saint” had traced the signature to the will by

drawing the testator’s fingers over the document, when he was already

comatose. To the last the “saint” declared his belief that he had

done no wrong, that it was righteous to wrest the money to pious and

charitable uses. _Tantum religio potuit suadere malorum._

FOOTNOTES:

[1] The “Dictionary of National Biography” says: “Born December 23,

1621, probably at Sellinge, Kent.”

The Romance of Wills and Testaments · 第 1 / 16 章