of all my landes in Hassell, Swanlande, Elley, Kirkelley and Wooferton in the countie of Yorke for terme of his lyef. Unto Roberte Portington my sonne one annuytie of five poundes twentie shillinges and six pence to be taken of all my landes in South Cave, together with the rent of xxxij s. of my cappitall messuage in Adlingflete in the said countie of Yorke. To George Portington my sonne one olde angell, and to Julian Nevell my doughter one olde angell, and to my sonne in lawe her husbande the geldinge called Rylaye that I had of him. And to my sonne John Portington my best horses. And I will that if ye sonne Nevell will beare and paye the one half of the charges and costes of thestate nowe all reddie begune betwixt his sisters and me in the suinge therof, that then he shall have half of that that shall be recovered. To John Carre my servaunte the howse in Appleby and the yerely rentes of the howse wherein Malton dwelleth. To Henry Willson my servaunte the house wherin Stephen Graves dwelleth. I give unto my sonne Johann Portington, to remaine after his deathe unto his heires, the gilted standinge cuppe and the cover which my good lorde the yerle of Rutland did geve; and hit is notwithstandinge my will that Maunde my wief shall have the custodie therof. I do give unto my said wief all other my plate, trustinge she will leave hit unto my sonne John and his heirs. My wief shall have the occupienge of Lylefeilde parcell of my mannor of Lisle, lat in the possession of Anne Portington widdowe, my mother in lawe, deceased. I make Maude my wief and John Portington my sonne executors, and give to them the residue of my goodes to performe this my will. I ordaine Sr Robarte Tirwhite of Ketilbe, knight, and my nephew Edwarde Tirwhite, esquier, the supervisors. I give to Robarte Portington my sonne tenn poundes.

[Proved 28 May, 1560.]

XVII. THE WILL OF OWEN OGLETHORPE,* BISHOP OF CARLISLE.

(Mellershe, 29.)

10 Nov., 1559. Owynn Oglethorpe, Doctor of Devinitie. Wheras ower late Soveraigne Lorde and Ladie of famus memorie, Phillipp and Marie, Kinge and Quene of Englonde, of theire especiall grace did give unto me the saide Owin

* Son (? natural) of Owen Oglethorpe, Newton Kyme, where he was born. He was educated at Magdalen College, Oxford; was Vice-Chancellor of Oxford; rector of Bolton Percy, 1534; rector of Newton Kyme; canon of Windsor; consecrated Bishop of Carlisle, 15 August, 1557, but was deprived 1559. He died the same year, and was buried 4 Jan., 1560, in St. Dunstan's in the West, Fleet Street.

Oglethorpe, Doctor of Divinitie and bishoppe of Carlell, and to myne heires etc. licence to make and have at Tadcaster in the countie of Yorke one grammer scoolle, together with a certaine hospitall or almeshowse nere unto the scoole, to be had and made of ij gardians, one informer of scollers in the arte of grammer sufficientlie lerned and taughte, and of others weake and indigent people, and the same grammer scoole, hospitall or almeshowse to have continuance for ever as by theire most gracious grante at Westminster the vith daye of Marche in the fowerthe and fifte yeres of their raignes appereth, I, the said Owyn, fearinge myne infirmitie and sicknes and myndinge above all thinges to have the saide grammer scoole, hospitall, or almeshowse, to procede or goe forwarde, charge myne executors, as they will answer me before God, to erect and bilde one stronge and able howse yn Tadcaster, with xij lodginges in the same hansom and warme for xij yonge people, together with a common howse or hall to dine yn, and a common kitchin for the saide xij poore people. The same howse and other bildinge to be caste and devised a good distance from the scoolle towardes the castle hill, with a retorne at thende to make the same quadrant with a farre dore into the churche yarde betwixt the Scoole and the hospitall, above the place where the holde barne standeth, and no other doore into thospitall but that with a faire image of Christe standinge uppon the toppe of the doore, and the same howse erected, made and finisshed to have to name and be cawled Christes hospitall. Item I will, for the furtherance and expedicon of these buyldinge and thavoydinge of charges, have three or fower artifecers, masons and carpenters presentlie to be bretherin, and to have theire wages besides as other workemen have, and yf they have wyves who will labor and take paines aboute the fortherance of the saide workes I will theire saide wyves shall be sisters of the saide howse, and have xíjd. in the weeke duringe theire lives. Item I will that my executors as well in discharge of theire concience towardes God as also in discharge of the confidens in them putt by me theire testator, doe within a convenuent tyme after my death purchas and buy landes and tenementes to the cleere yerely value of xl li. over all charges to the use of the saide informer or scoolemaster and his successors, informers or scoole masters there, and to the use of xij poore people and everu of them and theire successors for ever, accordinge to the purpote of the saide graunte of

incorporacon, provided alwaies that the manor of Cobbcroft by me purchassed and given to the scoolemaster of Tadcaster be parte of the saide xl li. And that myne executors doe after the landes purchased assure unto the saide informer or scoolemaster theire landes to the cleere yerlie value of xxtie markes, wherof the mannor of Cobcroft to be parcell, and xl markes, the residue of xl li. to be to the use of the xij poore people, everie of the same to have xij d. in the weeke, yf the rentes will amounte to the full discharge of the said summes, and yf the profittes of the landes will not amounte to the full dischardge of the sommes that then my executors shall apporcon the rentes, or deminishe the number of the poore people. In consideracon of whiche saide house, xij lodinges, common house to dine in, and kitchen strengely and substantially to be made and bilded, and also of the landes to be bought, I doe give to my executors in plate and money the some of six hundreth poundes, which after my estimate will dischardge and paie for the byldinge and erectinge of the howse, and also for the full purchase of so moche landes as will make the full some of xl li., with the mannor of Badcroft and the rentt of Smedallie in the countie of Yorke, or so moche yerely rent as the same Smedall ys, of whiche rent I will and charge my brother Andrew Oglethorpe before God, and as he will answer me at the day of dome to assigne as my said executors shall devise or advise. And if my brother shall refuse to appointe the yerely rent of Smedalles, I will myne executors shall sue my brother and recover against him the saide Smedalle. And where my brother Andrewe standes jointle seased with me in the mannor of Hedley, I will that my said brother assure unto John Oglethorpe one of my brother Willm. Oglethorpps sonnes the mannor in tayle, for lacke of heires males of my brother Andrewe, to thende hit maye continewe in the bludd and name, and then I will in the name of God charge my brother Andrewe to doe as he will answer me before God. And also in consideracon of the money I disbursed for the same and of the great charges bestowed in byldinge ther, and of such howshold stuff, all which, savinge suche as I will appointe to my servauntes, I give unto the saide John Oglethorpp, yf my brother Andrewe doe refuse to assure the mannor. To saide John and to Owin Oglethorpe sonne, and unto my brother Willm. Oglethorpe all my landes yn Bramham. Yf the landes by this my will given to the use of the scoole and hospitall be thought not to stande with

the lawes of this realm the landes shall remayne to my brother Willm. Oglethorpe and his heires, and for defalte of issue to John Oglethorpe and his heires, and for defalte to my brother Andrewe and his heires, and for defalte to my nephew Clement Oglethorpe and his heires, and for defalte to theires of Willm. Oglethorpe of Oglethorpe for ever. I make supervisors Willm. Rastalf, one of the Justices of the Quiens highnes benche at Westminster, Cutberd Scott, doctor of devinitie, late bishoppe of Chester, Christopher Vavasour and John Elles, gentlemen. To Master Justes Rastall one cuppe of silver or five poundes. To Master Doctor Scott one cupp or five poundes. To Christofer Vavasour one of my geldinges and a cupp or five poundes. To John Elles five poundes or v markes. To my nephew Clementes wyef my dammaske gowne. To my sister John Oglethorpe, his wief, my chemer of satten. To my brother Andrewe, his wief, my scarlett gowne. To my sister Anne and my sister Eliz. Raghesdall a gowne. To my sister Alice one gowne and one cowe at Hedley or xxvj s. viij d. to by a cowe. Wher I have given to my brother John, my nephew Clement, and my brother Andrewe one bason and ewer gilte remaininge yn theire custodies, I am content to make good the giftes so that my goodes will discharge my debtes and performe my will, otherwise I will they shall contribute and beare with me to the half valew of the basons and ewers. To Robert Thorsbye one geldinge at Newington and five poundes. To James Robinson v li. and one of my best horses at Hedley. To Willm. Cooke five poundes. To Thomas Gurnarde xls. To Christofer Hosyer xx s. To John Grene my boye of the kitchen xxvj s. viij d. To Edmunde Smith iij li. vj s. viij d. and one cheste. To Robert Thorsby one bedd with the bedsteedd, one chest wherin the Quiens money is. To Thomas Gurnarde one coverlet. To Christofer Hosier one coverlet. To Owin Oglethorpe my godson and sonne to my brother John suche of my bookes as my executors shall thinke meete for him. The rest to be sowlde. To Master Good his wief and to my godsonne my kitchen stuff. The residue to my brother Andrewe, to my nephew Clement, to my brother Ric. Shepleye, to my cosens Robert Oglethorpe and Robert Thorsbye, so that hit exceed not to them above five poundes a peece, but all to run to the maintenance of the scoole and hospitall. My brother Andrewe and nephew Clement, brother Richard Shepley, cosens Robert Oglethorpe and Robert Thorisbye executors.

[Proved 15 May, 1560.]

XVIII. THE WILL OF CUTHBERT TUNSTALL,*

OF DURHAM.
(Mellershe, 10.)

BISHOP

In Dei nomine, Amen. Cuthbertus, Ecclesiæ Dunelmensis, minister. To be buried if I die in my diocese in the Cathedral of Durham, if in London in St Paul's. And where I founde the houses and dwellinges of the landes belonging to the bushoprick of Durisme in suche and almooste totall ruyne that I had not one house at my fyrst comynge to lye drye in, whiche I have by greate coste and labor so repared as bothe the contrey dothe knowe and the thinge will shewe it selfe, and had never one peny of delapidacons of any of my predecessors, and for my breffe tyme have made so greate coste, I thinke I ought not of reason to paye anythinge for delapidacons to my successor. Albeit to invite him the rather to hospitalitie and to be resident in his diocese I will that my successor the Busshope of Duresme for furnyshine of his house, whiche I founde clarelie not onelye without almaner of stuffe but also in greate decay and ruyn, shall have all maner of hanginges of saye, bedstockes of kerved worke, ioyned or other playne worke, all tables longe and shorte, trestelles, formes, stoles, chayers, kerved or throwne, not covered with leder or sylk, all cupbordes and deskes in all my houses and studyes, all leades, cesternes, bakyng or knedyng tubbes, all brewyng vesselles as there be conteyned in the inventaries of Duresme, Aucland and Stockton, and also at my house of Dernton and my house in London, beyng myne and not borowed, in all which houses the furnyshment aforesayde cost ryght greate moneye, whiche furnyshment I will to tallye and holy shall remayne to my successor Bushop of Duresme. To Sr Fraunces Tunstall my nevewe fourtie poundes. To litle Thomas Tunstall sonne to Thomas Tunstall late my servaunte tenne markes, whiche childe I do assigne and appointe to the government of Sr Marmaduke Tunstall aforesaide, with his lease of the Marshe of Stepney to fynde hym with unto he come to his full age, as his father in his testament wyllyd hym to be brought upp by me, praying the sayde Sr Marmaduke to supply my rome and to bryng upp the saide childe vertuousley. To Roger Tunstall his brother ten markes.

*He was probably a son of Thomas Tunstall, of Thurland Castle. There are different opinions if he was legitimate; in Wood's Athena and in Surtees Durham it is considered he was not, but the Dictionary of National Biography thinks otherwise. He was at Oxford, afterwards at Cambridge. Lambeth Registers, Nov. 29th, 1559:-Cuthbert Tunstall a Popish byshop was buried.