Will of James Copinger, 1665

In the name of God.  Amen.  I, James Copinger, of Cloghane, in the Countie of Corke, Esqre, being uncertaine of the hower or tyme of my death as all mortalls are, and being now in perfectt disposeing sense and memorie doe make this my last will and testament.

First I bequeath my soule to God my Creator and redeemer, and my body to be buried in my owne tombe in Christ Church in Corke, where my grandfather and father lye.^[1] And Whereas I have heretofore by an Indenture of Bargaine and seal dated the fourteenth day of May last, and a grant and release thereupon bearing date the fifteenth of the aforesaid month conveyed all and singular the Lordships, Mannors, Castles, lands, Chiefe rents, Tenements, and hereditaments of Cloghane-more and Coolebane, containeing two plowlands,^[2] the three plowlands of Rinecoweluskie, the three plowlands and nine gneeves of Inishidriscoll, the nine gns of Innishcame the plowland of Lishenry, the halfe plowld of Rineshynagh, the plowld of Kilesarlaght alias Kilesarlaghta, the plowld of Lieaghilaone, the halfe plowld of Rathguine, the halfe plowland of Foherlagh, the plowland of Knocknamahalagh and Shronekennagh, the plowld of Rinemorrogh, the plowld of Monghnaghbane, the halfe plowld Monghnaghnaglogh, the halfe plowld of Torke als Torkehead, the halfe plowld of Poulenacally, the three gns of Lishin als Lishine Irevagh, the plowld of Eynane, the halfe plowld of Gortnamuckalagh, the halfe plowld of Drom J nagh and the fishing of Goalelymore and Goulelybegg upon the river of Jijllinn, the three plowlds of Cloghane als Clogane J garhy, the three plowlds of Clonecoggir and Dromcurrye, the three plowlds of Ballycomane, the two plowlds of Rineogreny in Clanloghlen, the plowlds and foure gns of Glannarowry, the plowd of Derryliegh, the halfe plowld of Shrylane, the halfe plowld of Cullynagh, the halfe plowld of Gortdromagh, the halfe plowlds of Gortreagh, the halfe plowld of Courrekinelegane als Courrykinlegaul, the foure gns of Knockruddane, the five gns of Farrenkiery als Currahine, the halfe plowld of Clogagh, the halfe plowld of Lishealane, the three plowlds of Tullagh als Baltimore,  the three plowlds of Lish J loherriegg and Inshynycottagh, the three plowlds of Lishelarabegg, Lithclaramo, and Corryboly, the halfe plowld of Maraken alias Maraline, the three plowlds of Rath als Rathmore, the plowld of Lackaghane, the pld and halfe of Gortarde, the three plowlds of Ballylinsighane, the three plowlands of Ballyn J ilane als Bally-Island, the plowld and halfe of Rine als Rinecormac and Geokane, the plowld of Ballincolly in the Barony of Barretts, the two plowlds of old Court in the Barroney of Carbery, the three plowlds of Derry als Derrynallane, the five gns of Currohine, the two plowlds of Aghylosky, the plowld of Roanegarrigine, the plowld of Slogiden and Monteene, the tenn gns of Mauleraure, the plowd and halfe of Balyvirrine and Coolenavarenoge, the plowld of Cregg, the halfe plowld of Inshynanone and Dromillyhie, the two gns and halfe of Lackanamaddery, the two gns and halfe of Browloa, all lyeing and being in the Barroney of Carbery and Countie of Corke, Douglasse containing one hundred Irish acres of large Irish measure, with two Mills thereunto belonging, the moyetie of the Marsh of Monnarea one Stonehouse wherein Sir Walter and my father Dominicke Copinger, Esqre lived, two stone houses in St. John's Lane in the parish of Christchurch, one house or tenement in King's streete upon the key thirteene shils and foure pence ster. yearly issueing out of the two house formerly in the possession of John Cleer and now held by John Mosse, mert neere the north gate, and twelve pence sterling yearley issueing out of the entry of Mr Robert Thyrry's house now in the possession of Thomas Swaby, Mercht lyeing and being in the Cittie and County of Corke  Together with all other my estate of Inheritance in fee simple whereof I was seised in possession, reversion, remainder, or expectance to Morrogh, Earle of Insiquinœ, William Meade of Ballintoobrid in the said Countie of Corke, Esqre, Bartholomew Stacpole of Enogh in the Countie of Clare, Esq., Thomas Ryan of Dunneskiegh in the County of Tipperary, Esqre, and Stephen Copinger of Ballivollane in the Countie of the Cittie of Corke, gent., theire heires and assigns to certaine expressed uses in the said Indenture of release mentioned, expressed, and limited, the remainder to the use of such person and persons, and of such estate and estates as I should by my last will and testament in writing by my owne hand and under my hand and seale and attested by two or more credible wittnesses limitt, appoynt, and declare.  Now my will is that after the respective determinations of the uses in the said Indenture specified and expressed the said Morrogh, Earle of Insiquine, William Meade, Bartholomew Stacpole,Thomas Ryan, and Stephen Copinger, their heires and assigns, and the surveyvour of them his heires and assigns, shall of all and singular the said Lordships, Mannores, Castles, Messuages, chief rents, lands, tenements, and hereditaments in the said deede of grante and release mentioned stand and be seised to the use of them and the surveyvor of them and his heires in speciall trust and confidence that out of the growing rents, issues, and profitts of one third part thereof in three equall parts, divided the profitt of the said third part yearely be satisfied and paid to my mother Marie Coppinger dureing her naturall life, unlesse my said trustees or any three or more of them do thinke fitt to conclude her with three hundred pounds according to an arbitrement heeretofore made by the said Thomas Ryan and Thomas Power, Councellors att law betweene me and my said Mor bearing date the foure and twentieth day of March, 1663.  And that (I blotted one line in this dede, James Copinger) out of the residue of the profitts of the said third parte and out of the rest of my said estate my funerall  expences and debts be paid and satisfied.  Provided allwayes that they my said Trustees and theire heires shall yearely out of ye profitts of the premisses untill the said funerall expences, debts, portions, and legacies be satisfied and paid, satisfie and pay the sume of one hundred pounds ster. for the maintenance, education, and support of my daughter Marie Copinger, who is to be bred with her mother or where she shall appoynte, anything herein expressed to the contrary notwithstanding.  And after such debts, portions, and legacies shall be paid to the Intent of satisfieing and paying to such daughter or daughters as I shall have liveing after my decease, such portion and portions as my said trustees or any three of them and theire heires shall thinke fitt and meete.  And after to the intent that after my said daughter Marie shall be preferred in marriage by and with the consent of my wife and my said Trustees or any three of them or the surveyvor of them or the heires of the surveyvor of them that they the said Trustees and theire heires and the heires of the surveyvor of them shall settle and convey the said estate to the use of her my said daughter dureing her naturall life and after her decease to the use of the oldest sonn and the heires males of his body lawfully begotten and to be begotten with the like remainders successively to euerie other sonn of the said Marie as they shall be in senioritie of age and for want of such heires to the use of the daughters of the said Marie and the heires of theire bodys to be equally divided, and for want of such heires to the use of Dominick Copinger the eldest sonn of my brother Walter Coppinger and the heires males of his body lawfully begotten and to be begotten, and for want of such issue to the use of James Copinger second sonn of the said Walter and the heirs males of his body lawfully begotten and to be begotten, and for want of such issue to the use of Thomas Copinger third sonn of the said Walter Copinger and the heires males of his body lawfully begotten and to be begotten, and for want of such heires the like remainder to everie other sonn of the said Walter successively and respectively as they shall be in seniority and prioritie of adge and theire respective heires males of theire  bodys successively and respectively, and for want of such heires to the use behoofe and comoditie of my rightfull heirs for ever. Provided alwaise that if my said daughter shall dye before shee shall be preferred in marriage or without issue of her body that the said Trustees their heires and assigns shall stand and be seised of the premisses hereby limited or intended for the said Marie to the use of my dearely beloved wife Joanna Copinger dureing her life before any of the remainders heereby limitted after the failure of the issue of the said Marie shall vest in possession in any of the said persons soe in remainder heeretofore named.  But in case my said daughter Marie shall marry without the consent and approbation of my said wife my will is that the use to her and the issue and heirs of her body limitted in and by these presents shall cease and determine, and the said Trustees and their heires and the surveyvor of them and his heires shall stand and be seised of all and singular the premisses to such use and uses as are limited to those next in remainder, and that my said daughter shall onely receave for her portion and preferment one thousand pounds ster. out of the yearely rents, issues, and profitts of the premisses.

Item - I leave to the Catholique Clergie of Corke tenn pounds ster. yearely dureing my daughter maries minoritie and untill she attaine the yeares of one and twentie, this to be raised out of the profitts of my said estate. 

Item - I leave and bequeath out of the profitts of my said estate the sume of tenn pounds ster. to be distrybuted yearely amongst the poore Ancient Natives of Corke of the best sort and qualitie, this to continue till my daughter Marie be one and twentie yeare old.

Item - I leave and bequeath the fifteene hundred pounds ster. due to me for my wiffe's portion towards the payment of my owne particular debts, and if any thing remaine over and above my owne particular debts as aforesaid ye remainder to fall and be due to my wife my sole executrix.

Item - I leave and bequeath out of the profitts of my estate the sume of fiftie five pounds ster. to far Phillip Roch fitz David which he lent me when I had greete neede thereof and that to be paid as soone as possible.

Item - I leave and bequeath out of the profitts of my estate the sume of one hundred pounds ster. to Thomas Franckland Apothegarie, for which his mother-in-law, Mrs French, hath my bond, the money being his as he tells me.

Item - I leave and bequeath out of the profitts  of my estate the sume of sixtie pounds ster. to Collonell Edmond Temple, for which he hath my bill or bond in two yeares tyme to be paid from October last.

I leave and bequeath out of the profitts of my estate the sume of one hundred pounds ster. to Thomas Owgan for which Mr John Lute and Thomas Dodgin or one of them is bound with me.

Item - I leave and bequeath out of the profitts of my estate the sume of one hundred pounds ster. to Mr John Bome of Bandon for the payment whereof Mr Thomas Dodgin and Mr John Lute or one of them is bound with me. 

Item - I leave and bequeath out of the profitts of my estate the sume of fiftie pounds ster. to William Copinger fitz Adam for which Sir Robert Copinger and my selfe are bound.

Item - I leave and bequeath out of the profitts of my estate to Daniell McShane O Donnoghow what shall appeare to be justly due to him under my hand and seale the sume I am confident exceeds not seaventie pounds ster., more I doe not charge my estate with as to the said Daniell.

Item - I doe hereby nominate and appoynte my dearely beloved wife Joanna Copinger sole executrix of this my last Will and testament.  And Whereas I have nott in this my last or settlement of my estate made any provision for my brother Walter Copinger dureing his owne life, I doe heereby declare that whereas a part of my estate which I now enjoy hath beene heeretofore entailed by my grandfather Sir Walter Copinger uppon my uncle James Copinger and the heires males of his body, and for want of such heires to my deceased father Dominicke Copinger and the heires males of his body, my will is in case I dye without heires males of my body that the said intailed estate shall descend and remaine to my said brother Walter, he paying and dischargeing the cost expended in the recoverie of that estate in the Court of Claymes and paying and discharging all other lawfull incumbrances and thirds due thereout.

And Whereas dureing the minoritie of my said daughter or any other person to whom remainder of this my estate is limitted I judge it necessarie that my said Trustees or any three of them shall have power to improve the same for the advantadge of my said daughter and other such persons in remainder as aforesaid, my will therefore is and soe I declare that my said Trustees or any three of them together with my wife and the heires of the surveyvor of them my wife likewise joyening with them shall have power to make leases of all or any part of the said estate not exceeding the space and terme of seaven yeares, reserving the best improved rent they can.  And I doe further declare and it is my will that if the said Trustees may not conveniently be brought together within one moneths tyme after notice given them that then it shall and may be lawfull for my wife or her asignee or assignes to prevent my said estate being left waste and make leases therof from seaven yeares to seven yeares and that power to continue  to her untill my daughter Marie be preferred in marriage as aforesaid.  In Witness whereof I have drawen this my last will and testament with my owne hand and thereunto have putt my name and seale the seaven and twentieth day of November, 1665, and in the seaventeenth yeare of the Reigne of our Soveraigne Lord Charles the Second, King, &c.

                                                                                                                JAMES COPINGER.

Signed and sealed in the presence of us
whose names ensue and when the within
James Copinger did declare this to be
his last will and testament.
                Steph. Coppinger
                David Gould
                Mau: Roche.

Codicil.

Whereas booth of my sisters have sued me in the Chancery of the presedencie in this province and also in the high Court of Chancery in Dublin for certain legacies and maintenance pretended by them to be left them by there father's last will and testament, whch last will and testament I am satisfied in my conscience is but a counterfeit and forg'd will however, I nott knowing what opinion the Judges of the Court will give therof I conceave I am bound to leave it to the determination and dissition of the law if they cast me or my heires then they have theire full desires but if otherwise my will is and soe I doe declare that my heires after satisfaction made of funerall expences all such debts due from left and bequeathed by my grandfather Sir Walter Copinger, Kt, and his son James the older and my oune debts and all other debts and legacies that then and nott before which legally ought to be paid and satisfied my heire or heires shall give each of them such a competent portion as that my heire or heires shall finde in conscience and reason shall thinke fitt, and I charge my heires as they shall answer it before att the dreadfull day of Judgement nott to use any deceit, fraud, or coven in this business but rather pinch himselfe a little yn wrong ym.

And Whereas likewise I have made vow to bestow twentie pounds ster. towards a certain use which Doctor Conry otherwise Doctor Sheabe and my uncle Frances know therefore my will is and soe I doe hereby declare that out of rents, issues, and profitts of my estate this twentie pounds ster. and no more be satisfied and paid to the said Doctor and my uncle Frances Copinger upon demand or within two or three moneths at farthest after some demand or notice given by the parties aforesaid to be dispossed by one or both of them to the use by me appoynted and declared this I enioyne my heire upon my blessing and as he shall answer it before God to performe.

Item - I leave each of my trustees mourning rings.

I leave far Wm Barry twentie shillings.

Item - I leave Doctor Conry my white [horse] with its saddle and furniture and my rideing boates and spurrs wch cost 3 pounds ster. in London if they fitt him.

Item - I leave my lady Kildare, my Catherine, and my Lady Elizabeth three mourning rings together with one my Lord Kildare's steele seales which shee gave me to seale some things with att Kilkea when I came last from Dublin, since wch tyme I had noe convenience to send her lest it shoulde miscarrie.

Item - I leave my Ld of Killmallock a case of my pistolls and an other paire to my Cos. Bat. Stacpole accord my promise made to him formerly.

Item - I leave my oune sword and belt to my friend Charles M Owen whom I enjoyned not to part with it if he can possible but after his death to leave it to my brother Walter, and in the meane tyme to give my said brother the little silvere helted sword and belt he now hath from me.

Item - I enjoyne wife, heires, and friends to be kind and friendly to the said Charles Mc Owen Carthy, his wife, and children, and now and then to give them what helpe and assistance they can I haveing found of all my relation and friends in tyme of my greatest wants a good and very loveing and respectfull friend att all tymes of tryall.

Item - I leave and bequeath my watch to my good friend Mc Aly Roch.

Item - I leave birding peece called true lock to my cos. Mr John Meade fitz Wm.

Item - I leave and bequeath my other gun to Mr Thos Copinger fitz Stephen according my former promise.

Item - I leave and bequeath my cos Wm Hore, Esqe, a mourning ring, and doe recommend the care of my wife and child to him if he please to doe my that faur and courtesie to take it upon him in recompence whereof I leave him and posterity my blessing and doe will and desire my wife and daughter to content him honestly for the paines shall give him in theire businesses and concerns.

Item - I leave and bequeath a mourning ring and most part of all my books, my wife taking out some she thinke fitt such as she shall like of, for his oune use according promisse to her before I thought of my said nephew.

Item - I leave my Moe a mourning ring.  I have under my hand and seale assigned and made ouer tenn pounds yearly ster. to Uncle Fra: out of the lands of Cloghagh dureing life. And Whereas upon for consideracon being thereunto partly bound by conscience, partly bound by nature, and in pursuance of and to discharge that part of my uncle James his last will and testament relating to my said uncle Frances Copinger, my will is and I doe hereby declare and is my will that the said tenn pounds ster. be paid him yearely dureinge his life by my heire unless such accidents doe happen and occur as my said heire may with a safe conscience and noe other consideracon whatever deny the payment thereof, this I enjoyne my heire and others his advisers to see performed as aforesaid.

Item - I leave the poore prisoners twenty shillings and fortie shillings to the poore with what other charitie me executrix shall thinke fitt to give them for God and soules sake.

Item - I leave and bequeath unto the Franciscans Augustines fortie shills to each order, and to the Dominicans 3 pounds ster., for wch they are to doe no more if they please then what Dor Conry shall thinke fitt and appoynte. 

Item - I leave the care of my servt Dennis to my wife, and doe desire not to partt with him if she finde him serviceable, dutifull, and obedient to her and if she thinke him nott for her purporte I leave him tenn pounds ster. with some of my cast cloaths, my rideing cloak to be given him and some linnen and the little crop. 

I leave the care of my servt Robt to my wife likewise, and if shee discharge him to give him five ster. as soon have nott theas it can be raised out of the estate, if shee have not it in ready money to spare, and that bay nag John Coppinger hath from me by way of loane.

Item - I leave the care of both my nurses and their children to my wife child, and desire now and yn to give what helpe and assistance they from tyme to tyme shall thinke fitt.

Item - I leave my nurse honora twentie shills. and a black scarfe.

Item - I leave and bequeath my servt and receavr Cornelius O Donnoghow a mourning ring, and doe appoynte him dureing his life to be receavr to my wife and heire, beleeveing his accts faithfull and honestly in the presence of wife and any two such friends as shee shall appoynte for the time past and continueing soe for the futur and nott otherwise. And Whereas the said Cornelius O Donoghue hath upon my bare word and promise laid out some moneys in erecting two mills at rowriebriedge, it is my will and soe I doe declare that if the benefit thereof be taken from him contrary to my meaneing and the loass made to him by me of the said mills that then and not before he be paid and satisfied his lawfull and just disbursems out of the rents and profits of my estate or out of the accounts to be given by him as aforesaid to my wife and her friends accord the saying of two indifferent friends or workemen by him and my wife equally chosen.  And Whereas in all my leases the tents are upon forfeture of theire leases not [to] alien or dispose of a foote of theire holdings to any person or persons nay not even to undertents without lycence first had and obtained under myne, my heires, and assigns hands and seales, I doe hereby declare and it is my will that each of the said tents theire executors and assigns shall have, and [I] doe hereby grant it to sett all or any part of theire holdinges to undertents for seaven yeare to seaven dureing the continue of theire said leases.  And Whereas there is noe mention in any of theire leases as I take is of quitt rent, in regard there is now none due I haveing putt it out of charge yett, notwithstanding I doe heereby declare and it is [my] will and I doe enjoyne my heirs, trustees, and all others therein concerned nott to force or compell by law or otherwise any of the said tents to stand to theire leases in case quit rent hereafter be by act of parliament or any other ways or means imposed and laid on the lands they hold from me, but that they and each of them may be at libertie to surrender his or theire lease or leases, if they had, hath, or doe that then be by able to quit rent and the rents and impositions already laid on them by them the said leases, and I doe leave my curse to any in power comeing after me that would offer to hinder this and nott make good this my will and desire being thereunto bound by consience and honestie soe to doe.