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THe onely advise that I shall give to men in this case, is, that they would make their last Wills and Testaments in their health, with the advise of Lawyers, not of Par∣sons or Scriveners, who know no∣thing but meer matter of form, and like Carriers horses keep their rode; judging their forms to serve all ca∣ses; by which they raise infinite di∣sputes and controversies, and often undo many men.
Nor is it a prejudice for any man
to make his Will; since that in Law he may revoke it when he pleaseth; for voluntas est ambulatoria usque ad mortem.
I confess in the case of Wills, the favour of the Law to be very great, for that they are conceived generally to be made in extremis; for 'tis a Maxim of the Common Law, Quod ultima voluntas testatoris est perim∣plenda secundum veram intentionem suam, & Reipublicae interest suprema hominum testamenta rata haberi. that is, that the last will of the Testator is to be fulfilled, according to his true intention: and it concerns the Common-wealth, that mens last Wills and Testaments be ratified and confirmed. The Law is to be thanked for this care, not themselves, and let not this incourage men in the neglect of that which often causes so much debate and dissention (even to an irreconcilableness) amongst a
mans Children and kindred; & with∣out doubt it is a dutie required at every mans hands, whom God hath blessed with a fortune, that he avoid that as much as possibly may be.
And here I shall give you my Lord Cooks directions concerning making of Wills, (which indeed is ve∣ry excellent) in his third book fol. 36. Buttler and Bakers case; where he saith, touching Wills, of which you have many good matters in the said case, my advice is to all that have Lands, that you would, by the ad∣vice of learned Counsel, by act exe∣cuted, make assurances of your Land, according to your true intent, in full health and memorie, to which assu∣rances, you may add such conditions or provisoes of revocation as you please; for I find great doubts and controversies from day to day to a∣rise, upon devises made by last Wills, sometimes in respect of the tenures
of the Land (which now thanks be to God is taken away) sometimes by pretences of revocations, which may be made easily by word, also in re∣spect of obscure & insensible words, and repugnant sentences, the Will being made in haste, and sometimes pretending that the Testator, in re∣spect of extreamitie of pain, was not of sane memorie, and divers others scruples and questions are moved upon Wills; But if it pleaseth you to devise Lands by Will;
1. Make it by good advise in your full memorie, and inform your Counsel truely of the estates and tenures of your lands, and by the grace of God, the resolutions of the Justices in this case will be good di∣rection to Counsel learned, to make your Will according to Law, and by this to prevent questions and con∣troversies.
2. 'Tis good if your Will con∣cern
inheritance, to make it indented, and to leave one part with a Friend, lest after death your Will be sup∣pressed.
3. At the time of publication of the Will; take credible witnesses, who may subscribe their names to it.
4. If it may be, let all the Will be written with one and the same hand, and one and the same parchment and paper, for doubt of alteration, addition, or diminution.
5. Let the hand and seal of the devisor be put to it.
6. If it be in several parts, let his hand and seal be put, and the names of the witnesses subscribed to every part.
7. If there be any interlining, or rasure in the Will, let there be made a Memorandum of it.
8. If you make any revocation of your Will, or of any part of it, do it by writing, by good advise; for up∣on
revocations by Wills, insue con∣troversies, some of the Witnesses af∣firming of it in one manner, and others in another manner. Reader, you may observe, that the scope of my labour herein, is to avoid as much as may be, all unnecessarie strifes & debates whatsoever, which made me add likewise these directi∣ons concerning making of Wills; which if well observed and followed, will prevent many contentious suits, and debates in Law, and much tend to the peace and good of this Com∣mon-wealth.