| Submitted by: | Brian Lawson |
| Date: | 20 December 2001 |
| Original: | LDS: 0106212 |
23 KK Andreas
This is affirmed to be the last will & testament
of Philip Sayle senr, who departed this life the 23rd
April 1722 & of perfect mind & memory atyemaking
thereof.
First, He committed his soul to God, & his body
to Christian burial. Item, He left to his son
Philip Sayle & to his daughter Margret wife to Willm
Moor twenty shillings apiece, and a sheep to each of
them: which he said were like one another, & very little
difference betwixt them. Item, He left to Thomas
Sayle & John Sayle his son of the Craig eight shillings
each: vist John Sayle's eight shillings out of the price
of the mare he owed him: and Thomas Sayle's eight
shillings were in his own hands. Item, He declared
that his brother Will: Sayle decd had five pounds
in the croft where he lived: which sd five pounds
he gave to Thomas Sayle of the Craig, to be given &
paid to his said brother William decd: and he more=
=over declared that he gave an ox to the sd Thomas
Sayle in consideration of giving him ye continuance
of the sd croft for eleven years. Item, He
declared that Wm Brew owed him all the price ten
shillings; (half of which he left to his son in law James
Tear as legacy as John Kneal one of ye witnesses
declares) Item, He left to ye witnesses six pence each.
Lastly, He constituted & appointed his loving wife & daugh
=ter (both Joneys) his true lawful & joynt Execrs of
all the rest of his goods movable & immovable what=
=ever. And declared that he had ye croft he lived in
from Thomas Sayle in lieu of ye above five pounds, till ye
.... .... be repaid & satisfyd
Witnesses
John Kneal } The Exrs sworn in Court
Thomas Radcliff } Jurati> form of Law.
Probatum est & solvit 12d
Pledges, Tho: Sayle ofyeCraige & Thos
Sayle ..eards
Philip Sayle, Bond & Arbritration
James Tear, taylor, & Philip Sayle do hereby bind &
oblige themselves in ye penalty of 3l ad whenž
bondž, to referr all their difference & accounts
to the Award & Determination of John Martin
& Nich: Cowley; who in case of disagreement
are to chuse an Umpire themselves; ...hing
the sd Matters & Accounts, which are written
in both sides. As witness their marks, Feb
8th 1722. James Tear his mark X
Philip Sayle his mark X
Witnesses
Thos: Sayle
Jon: Cotter
Annexe this to Phil
Sayle's will of Feb 1722
Whereas Phil: Sayle & James Tear have bound them=
selves under ye penalty of 3l žd ufu: dommi to stand
by & rest satisfy'd wth ye award & Determinacon of
Jon Martin & Nich: Cowley in relation to all their
Diferences & Accounts, & being exhibited severally
Sayle's Accts amount to about 1l 9s and Tear's to 20s
And having deliberately considered thereof & of all
other their pleas, we the sd arbitrators do hereby think
fitt, & find it reasonable to allow ye sd Phil: Sayle
five shillings wch are to be paid forthwith by ye
above sd James Tear, and this to be, & stand for full
satisfation of all Accounts now depending betwixt
both parties according to y meaning & purport of
ye bond beofre specifi'd. And this we return for our
Award in ye ?uriser, As witness our subscription
Febr 12th 1722 Jon Martin
Nichs Cowley
Feb 12 1722
The above arbitraters delivered this writing
for their Award & Determination in the Differ=
ences depending betwixt Philip Sayle & James
Tear, according to ye meaning of the Bond, to me
Cha: Wattleworth
Feb: 12th 1722
I do hereby acknowledge to have recd the full
sum of five shillings from James Tear
being awarded & adjudged agst him by the
Arbitrators, vizt:Nich: Cowley & John Martin
mutually chosen by us; and I do acquit him
the sd James Tear for ye sd accts acc=
=ording to the aforesd Award & Bond. As witness
my mark: the day & year above written.
Before me Philip Sayle my mark X
Cha: Watleworth
Memdm Philip Sayle senr told his son Philip, on his death
bed in ye presence of Joney his wife, that he did not owe
him ? Groat. to which the sd Philip Sayle junr repl'd, in
these words, I did not say you did. As ye sd Joney wife
de...e
Feb 16 1722
Philip Sayle made oath that tho' he gave a full
receipt to his father Philip Sayle Senr for his .....
goods, yet there was 23s thereof unpay'd at that
time; whereof he only recvd 14s in part of ...
therfor; And the other 9s is due to him at
present. This before the partys & testator
as well as before me.
Cha: Watleworth
For as much as it doth further appear to .. ......ye
making of ye wthin Award, by ye Oaths of John Ccottier
and Phil: Sayle beforesd That all & every thing or things
ye sd Phil: Sayle cou'd demand of James Tear's Mother in
Law, or of his wife were intended by ye sd Bond to be re=
ferr'd to our Arbitration, and also yt ye sd Phil: sayle is yet
behind nine shilling of his Mother's goods, we do
hereby allow him ye sd Sayle ye further sum of 4s
wch together with ye wthin sd five shils compleat ye sum
of nine shils due to hi, by by ye death of his Mother, and
this to stand for full satisfaction of all accounts and
demands depending betwixt all ye Parites fro. ye beginning of ye
world to this present day, ye petticoat only excepted. As witness
our subscription Febr 16th 1722 Jon Martin
Nich Cowley
This additional award is accepted from the
arbitrators by me
Cha: Watleworth
Feb 16 1722
Thomas Sayle & John Cotter make Oath that ye
within James Tear in behalf of his wife
& Mother in Law, as well as Philip Sayle, did refer
all their accounts to John Martin & Nich: Cowley
which were as that went in both sides: Excepting a
petticoat that was in Ann Tear's hands. Before me
Cha: Watleworth
Feb 16 1722
I Philip Sayle do hereby acknowledge to have recd
four shillings more (...dos the within five shill)
by the additional award of the Arbitrators
And do acquit, exonerate & discharge the said
James Tear, his wife, & mother in law, for
the same, & for all other accts & damages
betwixt the partys to this day. As witness
my mark Philip Sayle my mark<$Echi>
Witnesses
N Cowley Feb. 16 1722
Jon Martin Acknowledged before me
... Sayle Cha: Watleworth Officl
This to certify that Philp Sayle decd did declare
one Tho: Radcliffe ... ... some days before his death, to go
and call his son Philip Sayle unto him; which I accord=
=ingly performed; and when his son came to him, he
assked him how he was, to which his father replyd that
he was very weak and then both of them forgave
one another all past offences. After which the
son asked ye father whether he had settled all things
& if a settlement was made to tell him so; Desiring
him also to leave him six pound legacy & ...
clearly?. To which the father answered, who will
take ym from you. And ye son asked him again
if you wont give them to me; to wch the father reply'd I
will not leve them from you. This is truth as
witness my mark Thos Radcliffe }
such was also declared in testament. Ja: Kneale }jurati
Wm Moore acknowledges to have recd from the
exrs of his father in Law Philip Sayle the sum of twenty shills
& a steer, being the legacy left to his wife by her
sd Father, & for the same he herby acquits &
discharges the sd Exrs for ever. As witness his
subscription this sd day of June 1722
Before me Wm Moor his mark X
Wm Walker Vicr Genl
Last modified 18 March 2015