Birchover: The Will of Thomas Eyre of Rowtor, 1717 |
A Genealogy and Local History Resource on The Andrews Pages web site |
Thomas Eyre or Rowtor (Birchover) owned extensive estates in Derbyshire and elsewhere. He had married, but left no legitimate issue,
so his estate was left to a cousin, Henry Eyre of Rampton.
A transcript of his Will was published in The Reliquary, Quarterly Archæological Journal and Review",
Vol. IV (1863-4, Ed. Llewellynn Jewitt, F.S.A., p45. There is also a copy in a book of Wills held by Staffordshire Record Office,
previously Lichfield J.R.O. (Dioceses Of Lichfield and Coventry Wills). There are very minor differences between the two.
The web mistress initially OCRed the transcript from her personal copy of the book, but then compared it with the Record Office copy,
so made minor adjustments.
"THE following copy of the Will of Thomas Eyre, of Rowtor (Roo Tor)
in the county of Derby, the owner of the now ruined Hall near Roo
Tor Rocks, has been communicated by Mr. Robinson, of Birchover.
It is highly interesting, and contains much information as to places
in the neighbourhood, and to families resident in the Peak. Thomas
Eyre died on the 30th of November, 1717, the codicil having been
attested on the 1st of the same month. The chapel alluded to still
exists, and it is hoped will, ere long, with the ruined mansion, form
the subject of a paper in the 'RELIQUARY'-"
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In the Name of God Amen I Thomas Eyre of Rowtorr in the County of Derby Esqr. being
in health of Body and of perfect and sound mind & memory thanks be to Almighty God
do make and ordain this my last Will and Testament in manner and form following-
Impris I commend my soul into the hands of Almighty God who gave it; And my body
to the earth to be decently buried at the discretion of my Trustees & Exectrs herein
after named which I will shall be in my Chapel lately by me erected near my Mansion
House of Rowterr, And as for the worldly Estate wch it hath pleased God to bestow
upon me I give devise & bequeath the same in manner & form following (That is to
say) I do hereby give and devise my Capital Messuage or Mansion House of Rowtorr &
all other my Messuages Lands Tenements & Hereditaments whatsoever lyeing and being
in Youlgreave, Birchover, Elton, Winster, Brassington, Flagg, Chelmorton, Haddon, Sterndale,
Goldfield, Taddington, Priestcliff, Alderwasley, Lee and Milnhey, Bowdon, Middle dale,
Bowden Chapel, als Chapel in le ffrith, Mellor, Hope, Castleton, Bradwell, Aston, Thornhill,
Wormhill, Fairfield, Ferny Lee, Shall cross and elsewhere in the said County of Derby
Together also wth my Market & ffairs of Winster aforesaid wth their & every of their
Appurtenances (except the Lands herein-after by me devised unto the present Vicar of
the Church of Hope & his several successors Vicars thereof for ever) unto my Trusty &
well beloved Friends Robert Moore the elder of Winster, Richard Calton of Chesterfield
John Birds the elder of Elton & Richard Hawley of Winster aforesaid all in the County of
Derby Gentlemen and their Heirs and Assigns for ever in manner as hereinafter is directed
& appointed. In Trust nevertheless & to & for the several Uses Intents & Purposes &
chargeable wth the several Annuitys, Legacys & other Payments herein-after mentioned
& contained & to & for no other Uses Intents & Purposes whatsoever (That is to say)
In the first place to receive & take the Rents Issues & Profits of all & singular the Premises
above mentioned that shall be in arrears due & oweiug at the time of my decease & all
other my Debts whatsoever. And in the next place to Lease or to sell or dispose of the Fee
or Inheritance of so much & such part thereof as to them the said Robert Moore the elder
Richard Calton John Birds the elder & Richard Hawley & the Survivors & Survivor of them
& the Heirs of such Survivor shall seem meet for the payment intents and purposes
herein-after mentioned (Except my Messuage or Mansion House of Rowtorr wh the appurtenances
& except all my Lands lyeing and being on the South Side of the River Wye) as
well together with the Rents Issues & Profits of the premises above mentioned not leased
or disposed of to raise such sum or sums of money as will fully pay & discharge all my
just debts together wth my funeral expenses & legacys & together also wth such
charges & expenses therein as they every or any of them as shall act in this Trust
shall be necessarily put unto in & about the Execution of the Trust hereby in them
reposed. And from and after such payments & discharges that then the said Robt Moore
Richard Calton John Birds & Richard Hawley & the Survivors & Survivor of them & the heirs
of such Survivor after payment & satisfaction of the several Annuitys yearly & other
payments hereinafter mentioned & charged upon my said Messuages Lands Tenemts
Hereditamts & premises together also wh such charges and expenses as they or any of
them shall necessarily be put unto in & about the execution of the Trust hereby in them
reposed Shall account for & pay the rest & residue of all & singular the Rents Issues &
Profits of all & singular the Premises above mentioned unto Henry Eyre second son of
Gervase Eyre late of Rampton in the County of Nottingham Esqe deceased & his
Assigns for & during the term of his natural life And from and after his decease shall
account for & pay the same Rents Issues & profits unto the first & every other Son &
Sons of the said Henry Eyre lawfully begotten or to be begotten & the Heirs Males of
every such Son or Sons of the said Henry Eyre for & during their & every of their
respective natural life & lives as they shall be in seniority of age & priority of birth
the elder of every such issue male to be preferred before the younger for so long time &
until there shall be a failure and want of such issue Male And upon the failure and want
of such issue Male then to the right heirs of the said Henry Eyre for ever. Provided
always and I do hereby declare my Will and Mind & Intent to be and I do hereby impower
my said Trustees Robert Moore Richard Calton John Birds & Richard Hawley or such of them
as shall take upon them the Execution of the Trust in them by me reposed as aforesaid &
the Survivors & Survivor of them & the heirs of such survivor at the desire & request of
the said Henry Eyre or any issue Male descending from him as shall be intitled to have
& receive the Rents & profits of the premises in manner as aforesaid by Virtue of this my
Will to charge the same premises or some sufficient part thereof wth the yearly Annuitys
or Rent charge or paymt of any sum or sums of money not exceeding in the whole
the Yearly sum of one hundred pounds of lawful money of Great Britain for & as a
Joynture & provision of maintenance in lieu of Dower & thirds for the natural life of
such Woman or Women as he or they shall respectively take to Wife. Yet so & upon
condition that there shall not be made or granted or in being at anyone time more
than one such annuity or Rent charge to be issuing or payable by or from the same
premises or any part thereof. Provided also and it is my Will and Intent and I do hereby
declare that the said Henry Eyre and every issue Male from him coming or descending that
shall happen to have or be entitled unto the Rents & Profits of the said Premises & all
other person or persons whatsoever having or enjoying the same shall constantly live reside
and be at my said House of Rowtorr & shall maintain & keep an house of good Hospitality
and an orthodox Minister as a Chaplain resident there or near thereunto for the continual
service of my said Chapell who shall read or use the Service Or Common Prayer by Law
established in the Church of England in my said Chapell twice every day & administer
the Sacrament of the Lord's Supper therein every Sunday or Lord's Day in the year To
which said Chaplaine and his Successors for ever for the doing & performing of which said Service
I do hereby give & devise the annual sum of Twenty pounds of lawful money of Great
Britain to be paid by my said Trustees the Survivors and Survivor of them and the Heirs of
such Survivor of them yearly at the feast day of St John the Baptist in every year by &
out of the Rents & profits of my said Estate which I do hereby charge as an Annuity or
Yearly Rent charge upon the same And I do further Will and appoint that when and
as often as any Vacancy shall happen of an orthodox Minister for the service of my
said Chapel for the space of three months either by the default of the said Henry Eyre or
any other person or persons whatsoeoer who ought to nominate & appoint the same a
new one shall be nominated & appointed by my said Trustees or the Survivors Or
Survivor of them or his Heirs of & such Trustee, And I also Will & appoint that my
said House at Rowtorr shall be constantly maintained and a good House for sober
Hospitality kept there for ever hereafter, And the Household goods & furniture kept
and preserved & as the same shall decay and become useless others shall be bought
and brought for the supply thereof But if the said Henry Eyre or any issue Male from
him coming or descending that shall happen to have or be entitled unto the Rents &
Profits of the said Premises as aforesaid shall not constantly live reside & be at my
said House at Rowtorr and there maintain & keep an House of good Hospitality according
to the true intent and meaning of this my Will but shall absent him or themselves
by the space of three months together then my Will & Mind is & I do hereby declare
the devise or Legacy herein before made or given to such person or persons so absenting
him or themselves as aforesaid to be null and void, And then & from thenceforth I
will direct & appoint my said Trustees Robert Moore Richard Calton John Birds & Richard
Hawley & the Survivors & Survivor of them & the Heirs of such Survivor to account for
& pay all such sum & sums of money as by this my Will ought to have been paid unto
the said Henry Eyre or his issue Male if he or they had not absented him or themselves
as aforesaid to Rowland Eyre of Hassop in the County of Derby Esquire & his Heirs &
assigns for ever. Item I give devise & bequeath unto the Reverend John Allsop
Clerk Minister or Curate of the Parochiall Chapell of Winster aforesaid in the said County of
Derby & to his Successors Ministers or Curates thereof for the time being for ever
the annual sum of Twenty Pounds of lawful money of Great Britain for teaching &
instructing Twenty poor Children Inhabitants in Winster aforesaid (whose parents are
not able to maintain their children at school) until they can read a Chapter in the Bible
Which said annual sum of Twenty Pounds I do hereby appoint to be paid by my
said Trustees Robert Moore Richard Calton John Birds & Richard Hawley & the Survivors &
Survivor of them & the Heirs of such Survivor yearly at the feast day of St John
the Baptist in every year for ever by & out of the Rents & Profits of my said Estate which
I do hereby charge as an annuity or yearly Rent charge upon the same Item I give
& bequeath unto Joseph Marshall son of John Marshall of Hayfield lately deceased
the sum of Ten Pounds of lawful money of Great Britam to be paid him yearly & every
year on the feast day of St John the Baptist for maintenance & learning at school until
he shall be fit to go to the University And then the Sum of Twenty Pounds of like lawful
money to be paid him yearly & every year o' the said Feast day of St John the Baptist for
his support & maintenance at the University during the time he shall reside there.
Item I give & bequeath unto Thomas Nuttall alias Dale now with George Dale of
Birchover the Sum of three pounds of lawful money of Great Britain to be paid him
yearly & every year on the feast day of St John the Baptist untill he shall attain the age
of fifteen years (if he shall so long live) for maintenance and education at schoole
And when he is fifteen years old I give the sum of Ten Pounds to put him forth
Apprentice to some trade and to keep him in Apparell during his Apprenticeship And
when he hath served his time as an apprentice then I give a further sum of Ten
Pounds to buy him stock & set him up in his trade. Item I give & bequeath unto
my servant Frances Tetlow [changed from Foxlow in the transcript] one Annuity or Yearly Rent or sum of Four Pounds of
great Britain to be paid unto her yearly during the term of her natural life at the feast
day of st John the Baptist in every year out of the Rents & Profits of my said Estate.
Item I give devise and bequeath unto the Reverend -- Cresswell Clerk Vicar of
the Church of Hope in the said County of Derby & his successors Vicars thereof for ever
all that piece or parcel of Land now by him enclosed improved & enjoyed out of my
moiety or half part of the Commons of Hope aforesaid Item my Will & Mind is & I do
hereby direct & appoint that first of all my just debts & mortgages shall be paid off
&: discharged And when that is done then I give and bequeath unto my loving Friend
Mr Thomas Shorter of the Parish of St Margarets Westminster in the County of Middlesex
the sum of Two hundred pounds of lawful money of great Britain to be paid him by
the sum of Twenty Pounds the year until the said Two hundred pounds be paid up Item
when my Debts and Mortgages are all paid off & disharged as aforesaid then I give &
bequeath unto my Godson Thomas Eyre son of Mr Samuel Eyre of London Merchant
the sum of Five hundred pounds of like lawful money of great Britain to be pd him by
fifty pounds the year untill the said Sum of five hundred pounds be run up Item I give
and bequeath unto Benjamin Ayloffe late of the Dutchy Office in Gray's Inn London
Five Guineas in Gold. Item I give and bequeath unto all the servants that shall be
living in my Service at the time of my decease (Except the said Frances Tetlow) one years
wages over and above what may be due & owing unto them in that behalfe, at the time
of my decease and I do hereby authorise and appoint my said Trustees Robert Moore
Richard Calton John Birds & Richard Hawley & the Survivors & Survivor of them &
the Heirs of such Survivor to nominate constitute & appoint one or more person or
persons to receive the Rents, and to manage and take care of the Estate under them as they
shall think necessary and to allow and pay them such Sallary or Wages as they or the major
part of them shall think convenient And I do hereby direct authorize & appoint that
my said Trustees Robert Moore Richard Calton John Birds & Richard Hawley & the Survivors
& Survivor of them & the Heir of such Survivor or such of them as shall act in the
Execution of this my Trust reposed in them shall & may out of the monies rents &
profits of my said Estate that shall be had & received by them or any of them retain &
keep such & so much thereof as shall not only pay & discharge what they shall lay
out & expend in the Execution of their said Trust but also the Annual sum of Five pounds
to each of them my said Trustees & the Survivor & Survivors of them & the Heirs of such
Survivor as shall & do act therein as an acknowledgment & some recompense for their
Care & Labour therein. The said sum of Five pounds apiece to be allowed & discounted
on the feast day of St John the Baptist yearly & every year for ever. Item my will &
mind is & I do hereby direct limit & appoint that all the legacies Annuitys yearly &
other sum & sums of money herein before mentioned shall be advanced & paid by my
Trustees & Executors hereinafter named (in manner and forme as is herein before lymited
and appointed) by Lease or Sale of some part of my Lands lyeing or
being on the North side of the River Wthe And what that falls short the rest of the Rents
Issues & Proffits of all my Estate as well on the North as South Side of the said River Wye.
And Lastly I do hereby nominate constitute & appoint my said Trustees Robert Moore
Richard Calton John Birds & Richard Hawley hereinbefore named to be Executors of this
last Will & Testament revoking & nulling & making void by these presents all
former & other Will & Wills by me made & declaring this to be my last Will &
Testament
In Witness whereof I the said Thomas Eyre have to this my last Will &
Testament set my hand & seal the second day of September in the fourth year of
the Reign of our Sovereign Lord George by the Grace of God of Great Britain France &
Ireland King Defender of the Faith &c &c Anno qu Domini 1717
Tho Eyre
Signed Sealed published delivered and declared by the said Thomas Eyre
the Devisor aand Testator as and for his last Will & Testament
in our prsence and attested and subscribed by Us in his prsence.
Witness our hands Christopher Bagshaw, Anthony Moore, Anthony Evans, George Bradley.
Be it known unto all men by these prsents that whereas I the said Thomas Eyre of
Rowtorr in the County of Derby Esqr. have made & declared my last Will & Testament in
Writing bearing date on or about the second day of September last past before the day
of the date of these prsents, I the said Thomas Eyre doe by this prsent Codicill confirm & ratify
my said last Will & Testament and I do hereby further give & bequeath unto my
servant Frances Tetlow over and besides what I have already given her by my said last
Will & Testamt one annuity or yearly Rent or Sum of forty shillings of lawful money
of great Britain to be paid unto her yearly during the term of her natural life at the feast
day of St John the Baptist in every year out of the Rents & Proffits of my said Estate in
my said last Will and Testamt mentioned. And my Will & meaning is that this Codicil be
& be adjudged to be part & parcell of my said last Will & Testament And that all the
hereinbefore mentioned Annuity or year Rent or Sunm of fforty shillings be duly &
truly paid as fully and amply in every respect as if the same had been comprehended &
sett down in my said last Will & Testament In Witness whereof I the said Thomas Eyre
have hereunto set my hand & seal the first day of Novr in the fourth year of the Reign of
oure Sovereign Lord George by the Grace of God of great Britain France & Ireland
King Defender of the Faith &c Anno qe Domi 1717.
Tho Eyre.
Signed sealed published delivered & declared by
the said Thomas Eyre as & for a Codicil to his last Will
& Testament in our presence and attested and subscribed
by us in his presence
Witness our hands John Blake
George Bradley
John Dakin./
Probate [in Latin] at Winster decimo nono [19] Septemb 1718 to Coram Johe Husband [instead of Robto Moore],
Richo Calton, John Bird and Richard Hawley executors.
Please not that in the book his servant was Hannah Foxlow, but the Will iteslf names her as Hannah Tetlow so her name has been changed here.
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Related pages:
Birchover and the Eyre family are mentioned in the following on-site transcripts:
The Wolley Manuscripts
Additional information about the Birchover Church and Thomas Eyre:
In 1865 Rowtor Church, Birchover, reopened after local landowner Mr. Thornhill had generously undertaken to pay for the repair
and enlargement of the building. A chancel, a belfry and pierced stone window frames were added. This was done because of the interest
of the Vicar of Youlgreave, who either knew or had found out about the provisions in Thomas Eyre's Will regarding payment of a Minister
and daily services in Thomas Eyre's Will ("Derby Mercury", 11 January 1865).
It is not known if there was a contemporary memorial to Thomas Eyre, but one was placed in the church in 1909.
It was decided to erect a memorial at a meeting of Birchover Church Council as there was then no visible memorial to him. It was
believed that there had been a memorial, but it had been covered up. The work was to be undertaken by Mr. Shimwell of Youlgreave
("Derbyshire Times", 18 September 1909).
"Beneath this was buried in 1717 / the body of / THOMAS EYRE, of Rowtor Hall / who built this Church / This tablet was placed
here in 1909/ J.C. HEATHCOTE/ EDWIN TOFT / Churchwardens / D. STEELE-MORRIS / Vicar (Marble plaque on Wall)" (From DFHS
microfiche of MIs.)
His Birchover church, with modern photograph, is mentioned on Rosemary Lockie's Churches database site:
Church of the Holy Name of Jesus, St Michael & All Angels, Birchover
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Will of Thomas Eyre of Rowtor transcribed by Ann Andrews.
Page researched by and © Ann Andrews.
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