Thomas Fairclough

     Thomas was born circa 1599. Thomas married Anne Atherton, daughter of Edmund Atherton and Elizabeth Molineaux, in 1628 in Lancashire, England. Thomas and Anne had children: James [chr. 9/21/1629], Edmund [1631], Arthur [1633], Margaret [chr 8/14/1636], Elizabeth [1638], Thomas [chr 7/12/1640] & Ann [1642]. Thomas made his will on 22 August 1644.

In the name of God amen the twentie second day of August Anno dom 1644 I Thomas Ffairclough of Upholland in the county of Llancaster Yeoman being at this time sicke in bodie but whole and p’fect in memorie thanks be to God for the same doe make this my last Will & Testament in manner & forme following that is to say ffirst & principally I commend my soule into the hands of Almightie God Maker & Redeem’r, restinge assuredly by the merits death & passion of my Saviour Jesus Christ to rise again at the day of Resurrection and my body to be buried in the Chappell of Upholland their to remain in the besome of the earth untill it shall please God to make me a body of immortality .
And as rememberinge my wordly estate which God hath blessed me withall, First for my messuage & tenancy I disposed of in manner & forme following: that is to say. Impris, after my decease the major one halfe I give & bequeath to Ann my now wife keepinge herself unmarried, afterwise if incase shee marries but only a third pt & for all the rest I give and bequeath to James Ffairclough my eldest sonne & to the heires of his body duringe the continuance of the lease. And for want of such issue to Arthur Ffairclough second sonne of mee the sd (said) Thomas and for the want of heirs male to the issue female and whereas I have certaine Copyhold lands alreadie surrendered to Mr William Ashurst for certaine uses their in expressed, it is my will & mynd that the same bee surrendered out unto James Ffairclough my said sonne, hee the said James puttinge in pledges accordinge to the custome of the Mannor of Upholland aforesaid that Ann my sd wife shall have, enjoy, occupy the major one halfe their of duringe her natural life keepinge her-self unmarried And if in case shee the said Ann doe fortune to marry againe then to have but only a third yet thereof, though it is my will & mynd that the said James Ffairclough shall not take any of th’issues or profits thereof either of the sd messuage their or Copyhold but to permit the sd Ann his Mother to receive the same untill further tyme as he ye sd James attaine the age of twentie one years.
And further itt is my will & mynd that out of th’ issues & p’fts & of ye sd Copyhold lands that to James Fairclough & Ann my sd wife shall shall yearly yield and pay unto Arthur Ffairclough my Father at four annual dayes hereto for infull the sume of vj£ xiijs ivd yearly duringe his n’trall life by even & equal portions and in case the same bee not surrendered at or before such time at the sd James my sonne attaine the age of twentie one years of age thereoff my will and mynd is yet the sd Ann shall have such portions of ye sd Copyhold rente upon contracts hereafter mentioned as is formly lymitted & expressed shee the sd Ann & James my sd sonne yearly yielding & paying their ratable apportionments yet of the rents suits & securities due of the sume whereas by severall contracts heretofore made betwixt my sd Father & me ye sd Tho.
Since I was married and upon valuable considerations it was agreed by my sd Father Arthur should renounce & offer unto mee the sd Tho all such houses,edifices,yards, orchards, crofts,gardens & other hereditaments & appertures in Upholland aforesaid being the freehold inheritance of the sd Arthur my sd Father yet not-withstanding the same have been not affected but yet certaine binding writings under his hand & seale but not by continuance become negligent & contrary to agreement.yet non the less ye I the sd Tho Ffairclough for the space of fifteene or sixteene yeares last past have still enjoyed received & taken feoffies & profits of the same being heir apparent. Through my Will & pleasure y’t my sd sonne James Fairclough shall have the heritance there of all my deeds & writings bonds some in lieu towards satisfying & paying of certaine debts hereafter specified for mee & not otherwise soe chargeable upon him provided always & my will & mynd further that my sd sonne James at such tyme as hee ye sd James shall attaine the age of twentie one yeares shall be good & sufficient assurance assure unto ye sd Arthur Ffairclough my sd sonne all that & those new edificies & buildings in Upholland aforesaid heretofore lately entered & intended to bee build by mee ye sd Thomas Ffairclough all those crofts, garden, backside entrees, buildings & ground work of buildings which now is or lately did belong unto theancient house their formerly standing ( bought at the makinge though not yett leased) for sett out for terme of three lives to comence at such tyme as ye sd Arthur my sd sonne shall attaine unto the-age of fourteene years for ye life of him the sd Arthur and two other after such as hee ye sd Arthur my sd sonne or sonne by him the sd Arthur elected shall appoint hee the sd Arthur yielding & paying therefore yearly duringe all his terme to be paid James Ffairclough his heirs or assignes the yearly rent of iijs iijd of lawfull money of England.
Item, for ye considerations aforesaid it is my will & mynd and I doe hereby charge my said sonne James with the payment of such serial sumes of money in such manner & forme as is hereafter expressed that is to pay Ellin Johns my syster & her issue the sume of ffortie pounds at three yeares and next after the decease of my sd Father Arthur Ffairclough it to be pd Ellen Johns or any of her issue bee then livinge and allot the sume of twentie pounds att the said three yeares end aforementioned to Raph Hooton my brother in law & his issue if they or any of them be then livinge and ten pounds more to the sd Raph Hooton & his issue at the tyme aforesaid if in case the sd Ellin Johns her issue bee then dead & the remainder of the sd fortie pounds returned to the sd James.
And now my will & mynd is whereas I understand my sd Father Arthur Ffairclough threateneth that after my decease hee will not suffer my wife & children to enjoy th’issues & profits of the freehold land & inheritance last mentioned neither suffer my tenants their peaceably also to enjoy the same, but though to bee troublesome to them all. Therefore my will & mynd is that if my said wife & children & tenants or any if them bee molested or troubled with him as they or any of them may not enjoy the profits of the same then I doe hereby publish express & declare that it is my will and mynd that not only the said sume of twentie nobles yearly lymitted and appointed for my said Father but alsoe the sumes last mentioned lymitted & appointed for my said sister Ellin & the interest shall cease, it terminate & end .
No further paym’t thereof untill such tyme as my sd Father have given satisfaction to my sd wife & children for such losses as by or through him they have sustained and also it is my mynd & will y’t my sd sonne James at such time hee shall attaine the said age of twentie one yeares shall also pay the sume of twentie pounds unto my brother-in-law Raph Brownlowe & Tho, par’nt of my nephew for and towardes the finishinge of the buildinge at the church I feele to be disposed of as they or either of them shall think fitt. And likewise all the tymber lyinge upon the Hall-greene and what other tymber fallen may be thought fitt to be returned for that use.
Item it is my will and mynd that my sd sonne James shall also pay unto my daughter Margaret Ffairclough the sume of twentie pounds at such tyme as shee the sd Margaret shall attaine the full age of twentie one yeares And further itt is my will & mynd that my said sonne James shall likewise pay unto my daughter Elizabeth Ffairclough the like sume of twentie pounds at such tyme as shee the sd Elizabeth shall attaine the full age of twentie one yeares.
Item whereas it is concieved that Ann my sd wife is with child if soe it to bee that shee fortune to bringe forth a sonne then it is my will & mynd ye my sd sonne James shall also pay unto such sd sonne the sume of twenty pounds at such tymes as such sd sonne shall attaine & become the age of sixteene years & if incase such said child fortune to bee a daughter then hee the said James to pay unto such sd daughter the sd sume of twentie pounds as such time as the sd daughter shall attaine & come unto the sd age of twentyone yeares. And as concerninge my worldly goods I doe dyspose of them as followethe. Impres it is my mynd & will that my principall debts & funerall expenses bee payed & discharged forth of all my whole goods so far as the same will extend with I am sure will not bear the cost and therefore I do hereby publish & express that all such that first come and are willing to take goods & money shall have so much as can bee spared & the resdidue are like to suffer. And also it is my will & mynd that if my goods extend soe farr as to pay my debts then it is my will & mynd that Jane Taverner shall have for a debt of ours unto her the sume of seven pounds & likewise Katheren Markland the half interest money owed before principall debts.
And in case my sd goods extend so far as to satisfie my debts & any surplus remaine then it is my will & mynd that the same shall go to my wife towards the bringing up of my children.
Item. I do hereby ordaine constitue appoint & make Ann my sd wife & Ralph Brownlowe my brother in law Executors of this my last Will & Testament that they will execute the same as my trust is in them reposed.
In witness whereof I Thomas Fairclough to this last Will & Testament my hand & seale have putt the day & yeare first above written.¹

Thomas departed this life in Upholland, Lancashire, England. The inventory of Thomas's estate was taken in September 1644.