James Fretwell, Snr

James Snr lived from c. 1674, and died on 5th February 1743, aged about 69. His will was dated 15 June, 1736, witnessed by his brother Richard Fretwell, Anne Middlebrook who was related through marriage, and Anne Wasteneys, sister of his brother-in-law John Wasteneys. The appointed Executors were sons James and William, and the Will was proved at York on 31 May, 1744.

Extract from the Will

1736, June 15.--Notes from the Will of JAMES FRETWELL of Thorpe in Balne, in the parish of Barnby super Dun, Co. York, yeoman-to my loving wife Mary F. 201. per annum out of lands after given to my son James Fretwell, in Norton—also to her the choice of one room in the house wherein I now dwell, and so many of the household goods and furniture she shall make choice of—to my son James Fretwell, his heirs and assigns, messuages &c in Norton, Smeaton, &c; one horse, the bed wherein he lodges, and the one half of all the household furniture—to my son William Fretwell all my right to my dwelling-house in Thorp wherein I now dwell, and four acres of land which I hold by lease, six acres of wood called the Hudshaw in Bramwith Co. York—to my daughter Elizabeth Fretwell 2001. to be paid within twelve months after my decease, and the further sum of 1001. to be paid within two years after my decease, the bed in the plaister chamber, and one half the goods which came from Norton—to my grandson John Routh at seven years of age—residue to sons James and William Fretwell and they executors—Witnesses Richd. Fretwell—Ann Middlebrooke —Anne Wasteneys. Proved at York 31st May 1744.

James Fretwell, Jnr, ‘The Diarist’

James was born on 22 November 1699 and died, aged 72, on 6 July 1772. With no direct heirs to benefit from his will, James divided the bulk of his estate between his siblings and their families. His concern for the religious upbringing of the young is reflected in his detailed instructions for the bestowing of Bibles to the deserving youth of the parish.

This copy of the will is taken from the parish register of Barnby Don. It was dated 31 December 1751 and witnessed by his sister Mary Routh, and the Johns Bower Senior and Junior (most likely cousins  by marriage of his aunt Elizabeth Fretwell to John Bowers). As sole Executor, James appointed his brother William.

Extract from the Will

IN THE NAME OF GOD, AMEN. I, JAMES FRETWELL, late of Thorp in Balne, in the parish of Barmby upon Dunn, in the county of York, (but now resident in Pontefract, in the said county,) yeoman, being in perfect health of body, and of sound and perfect memory, (thanks be to God for the same,) and calling to mind the uncertainty of this life, judge proper to settle my temporal affairs while I have an opportunity of doing it, knowing assuredly that there is no work, nor device, nor knowledge, nor wisdom in the grave, whither I am going. And therefore I do make, ordain, and declare this my last will and testament in manner and form following (that is to say), First and principally I commend my soul into the hands of Almighty God, hoping through the merits, death, and passion of my Saviour Jesus Christ to have full and free pardon and forgiveness of all my sins (of which I desire, and will by God's grace now endeavour, sincerely to repent) and inherit eternal life, and my body I commit unto the earth, whence it was taken, desiring it may be decently interred in the church-yard of Barmby upon Dunn aforesaid. And as touching the disposal of my temporal estate (after returning my sincere thanks to Almighty god, my good and bountifull Benefactor, Who blessed me with it) I give and dispose thereof as follows: Imprimis, I will that all my just debts be fully paid and satisfyed. Item, I give and bequeath unto my loving brothers Thomas Routh of Pontefract, grocer, and Michael Woodhouse of Stubs-Walden, in the parish of Womersley, tanner, my loving kinsman, Robert Atkinson of Hatfield-Woodhouse, in the parish of Hatfield, gentleman, all of them in the county of York, and the constable of Thorp in Balne aforesaid, and to their successors (to be chosen as is hereinafter directed) for ever, the yearly annuity of five pounds of current money of Great Britain, to be paid out of my lands in Norton, in the parish of Campsal, in the county of York, by four equal quarterly payments, that is to say, one pound five shillings upon the twenty fifth day of March yearly, one pound five shillings upon the twenty fourth day of June yearly, one pound five shillings upon the twenty-ninth day of September yearly, and one pound five shillings upon the twenty fifth day of December yearly, without any deduction for or in respect of taxes or assessments charged by authority of parliament, or otherwise, upon any of my said lands in Norton aforesaid now in the tenure or occupation of Thomas Willson or his assigns, the first payment to be made on the second of those days which shall happen next after my decease; and if any of the said quarterly payments shall be behind or unpaid by the space of thirty days next after the several days appointed for payment thereof (being lawfully demanded at the house in Norton wherein the said Thomas Willson now dwells, or in any other place, of the person in possession) then I will that my said trustees or their successors, or any three of them shall have full power to enter into all or any part of the premises charged with the said annuity, and make a distress for the said quarterly payment of one pound five shillings, or any arreare that shall be behind or unpaid at the time of making such distress, and also for the charges of such distress, in the same manner as the law shall direct and allow for landlords to do in case of rent, which said annuity of five pounds I will that my trustees before mentioned and their successors for ever shall dispose of as is herein after directed and appointed, and to no other use whatever. First, upon condition that the minister of the parish church of Barmby upon Dunn aforesaid (for the time being) do yearly and every year upon the first Lord's Day in the month of May, in the afternoon of the same day (and without omitting the usual forenoon sermon) preach a sermon in the said parish church upon the subject of Sanctifying the Lord's Day; and also yearly and every year upon the first Lord's Day in June, in the afternoon of the same day (and without omitting the usual forenoon sermon) preach a sermon in the said parish church upon the subject of Family Religion, and particularly upon Family Prayer. Then I will that my trustees and their successors shall and do yearly and every year for ever pay unto the minister of Barmby upon Dunn aforesaid (for the time being) the sum of thirteen shillings and fourpence; but, if the minister of Barmby upon Dunn aforesaid, for the time being, shall refuse, neglect, or omit to preach the said two sermons, or either of them upon the days before appointed for preaching the same, or shall not preach upon the subjects before appointed, or shall omit the fore noon sermon on either of those days, then I will that the said sum of thirteen shillings and fourpence shall not be paid to the said minister of Barmby upon Dunn aforesaid, so often as such refusal, neglect, omission, or non conformity to this my said will shall happen, but that it shall be disposed of as is herein after directed. Item, I will upon condition that the minister of Campsal in the county of York (for the time being) do yearly and every year upon the first Lord's Day in the month of September, in the afternoon of the same day (and without omitting the usual forenoon sermon) preach a sermon in the said parish church upon the Sanctifying the Lord's Day, and also yearly and every year upon the first Lord's Day in the month of October, in the afternoon of the same day, (and without omitting the usual forenoon sermon) preach a sermon in the said parish church upon the subject of Family Religion, and particularly Family Prayer, then I will that my trustees and their successors shall and do yearly and every year for ever pay unto the minister of Campsal aforesaid (for the time being) the sum of thirteen shillings and fourpence; but if the minister of Campsal aforesaid (for the time being) shall refuse, neglect, or omit to preach the said two sermons, or either of them, upon the days before appointed for preaching the same, or shall not preach upon the subjects before appointed, or omit the forenoon sermon on either of those days, then I will that the said sum of thirteen shillings and fourpence shall not be paid to the said minister of Campsal aforesaid, so often as such refusal, neglect, omission, or non conformity to this my said will shall happen, but that it shall be disposed of as hereinafter directed. And my will is that the first of those sermons in either of the churches before mentioned shall be preached upon the first of those days before appointed for preaching the same which shall happen next after the day on which the first quarterly payment shall become due to my trustees as above directed. Item, I will that my trustees and their successors for ever shall provide two bibles yearly, of an octavo size, containing all the canonical books of the Old and New Testament (and nothing more) which they shall give on the twentieth day of June yearly to two poor children (of my poor relations, if any such apply for them, or, if none such appear, then to two poor children) living in Thorp aforesaid (whether legally settled or not) who are of the full age of twelve years, and can read, and can also repeat or say, without book, these parts of Scripture following (that is to say) the fifteenth, the one hundred and first, and the one hundred and forty fifth psalms in prose, of the last translation in the bible, the thirteenth chapter of Saint Paul's Epistle to the Romans, and the thirteenth chapter of his first Epistle to the Corinthians, and the third chapter of his Epistle to the Colossians, and the first chapter of the general Epistle of Saint James. And my will and meaning is that if only one child qualifyed as above mentioned shall apply to my said trustees for a bible, it shall be given to such child; but if either one or both of the said bibles be not disposed of as aforesaid for want of a child or children, qualifyed as above directed, presenting themselves, that then such bible or bibles shall be reserved untill the next year, and so from year to year untill they shall be disposed of on the terms before mentioned. But my will is that if one child shall receive more than one bible, if they should present themselves at any other time afterwards. Item, all the remainder of the said five pounds annuity, after having paid the several sums before mentioned, upon the conditions before appointed, I will that my trustees and their successors for ever shall apply to and for the teaching of poor children to read English, and to instruct them in the principles of the Christian Protestant Religion; and, in the choice of the said children I will that if any of my poor relations offer themselves, that they shall have the preference of any others, but if no such present themselves, then any children residing in Thorp, whether legally settled or not; and my will is that no child shall be taught who is under six years of age, nor shall continue to be taught above three years: and as the children are to be chosen by my said trustees and their successors, so I will that they may be removed by them before the expiration of three years (if they shall see good reason for so doing) and others put in their stead. And if the ministers before mentioned, or either of them, do not perform the condition before mentioned to entitle them to the said sums mentioned to be paid unto them, or if there be not bibles bought yearly as aforesaid, then I will that all such sums remaining in the hands of my said trustees, or their successor shall be applyed to and for the teaching of poor children to read English as is before appointed. And, to the end that all persons concerned may be satisfyed how the before bequeathed annuity disposed of, I will that the constable of Thorp in Balne aforesaid for the time being, who is one of my trustees, shall keep or cause a account to be kept in the town's book how the said annuity of five pounds is disposed of; or what children have been put to school, the time when, and also when dismissed, what bibles have been bought and to whom given, and the time when: whether the minister before mentioned, or either of them, have performed the conditions by which they are entitled to the sums before mentioned, and have been paid accordingly, or else have been applyed to the use before mentioned. And my will further is that upon the death of any of my trustees as before mentioned, or their successors, or in case of their refusing to act therein (except it be the constable of Thorp in Balne aforesaid) the surviving trustees shall choose another in the stead or place of such person so dead or refusing to act as aforesaid. And lastly, I desire that this paragraph of my last will and testament relating to the several charitable bequests before mentioned may be transcribed into the town's book of Thorp aforesaid, and also into the parish register of Barmby upon Dunn aforesaid. And as it was from a principle of Christian love that I have made this small provision for the benefit of my poor Christian brethren, so I desire and hope that my trustees and their successors will, from the said benevolent principles, see that it be employed to the uses designed by me: and, for their encouragement in so doing, they have the best assurance of being requited by Him from whom every man shall receive his own reward, according to his own labour: and I pray God to give a blessing to this small beginning, and to raise up benefactors to this poor village who are of abilities and dispositions to do more than is in my power to do for it. Item, I give and bequeath unto my sister Mary Routh the sum of three hundred pounds, to be paid by three equal payments, the first whereof to be made within twelve months after my decease, the second within two years, and the third within three years after my decease. Item, I give and bequeath unto my sister Elizabeth Woodhouse the sum of two hundred pounds, to be paid within two years after my decease. Item, I give and bequeath unto my brother William Fretwell his heirs and assigns for ever, all my houses, lands, tenements, and hereditaments whatsoever, lying and being in the township of Norton aforesaid, and in the township of Kirk-Smeaton, in the county of York, lie and they paying the annuity of five pounds per annum before charged upon my estate in Norton, according to the true design and intent of this my last will and testament. All the rest and residue of my personal estate, goods, and chattles whatsoever I do give and bequeath unto my loving brother William Fretwell, whom I do hereby constitute full and sole executor of this my last will and testament. And I do hereby revoke, disannul, and make void all former wills and testament by me heretofore made. In witness whereof I the said James Fretwell to this my last will and testament, being contained in three sheets of paper, have set my hand at the foot or bottom of the two former sheets, and to this have put my hand and seal, this thirty-first day of December, in the twenty-fifth year of the reign of our Sovereign Lord George the Second, by the Grace of God King of Great Britain, France, and Ireland, Defender of the Faith, and so forth, and in the year of our Lord One thousand seven hundred and fifty-one.

JAMES FRETWELL (L.S.)

Signed, sealed, published and declared by the testator to be his last will and testament, in whose presence and at whose request we have hereunto subscribed our names as witnesses to the execution hereof.

JOHN BOWER
MARY ROUTH
JOHN BOWER, jun^r

The passing of some members of this Fretwell family is remembered through monumental inscriptions, transcripts of which follow:

Barnby-don Churchyard