Philip Sayle

Philip Sayle was baptized on the 7^th of October, 1669, at Andreas. He married firstly Joney Tear ca 1690 and secondly Joney .... ca 1701. He died on the 23^rd of April, 1722, and was buried at Andreas on the following day.

Joney Tear

Joney Tear (5781) was born ca 1670. She married Philip Sayle ca 1690. She died on the 8^th of January, 1699-1700.

Joney Tear als Sail, Will, 1699

Andreas

This is affirmed to be the last Will & testament of Joney
Tear als Sail who departed this life abt the 8^th of january 99 being in per=
=fect mind & memory at the making thereof. First commited
her soul to god & her body to Xtian burial. It^m She be=
queathed to her husband Phil: Saile 20^s legazie It^m
to her sister Jane; a green appren & It if her children
dyed she left to hte fores^d Jane ^s It^m to her brother James
Tear 18^d and if her foresaid children dye he was to be
cut of by the same legazie It^m to her sister Ann a kerchief
a calico pinner; It^m to her godson John Saile 1^s: It^m to
Ann Clark a rideing hud; It^m she appointed her four
children (viz^t Phil: Bahee, Margret, & Will: sole & joyn Exc
of all her goods moveable & immovable; It^m she left [her]
goods and the children in the hands of the father and to [be]
given them as they come to age; It she left to Thos
Saile 2^s and appointed him overseer over her children a...
Lastly she left to John Cator 2^s & the bed and to Tho: ...
eighteen pence.

Witnesses
John Cator
Tho: Bittel

The witnesses being asked to whom the testatrix
left her goods in case the childfen dye underage they
say they apprehend and believe that it was to the
father

The husband and Supervisors viz^t James T...
and Jane Tear are sworn Supervisors in
form of law
pbatum est et solvit 1^s

The tuition of the children and Goods in the hand of
the Father who hath given pledges in form of Law
Thomas cowl & W^mCuban

Joney ....

Joney ... (5782) was born ca 1680. She married Philp Sayle ca 1701. She was alive in 1722 at the death of her husband.

We know her christian name from Philip's will, below, but have not yet been able to determine her maiden name (the Andreas 20 year gap).

Philip Sayle, Will, 1722

23 KK Andreas

This is affirmed to be the last will & testament
of Philip Sayle sen^r, who departed this life the 23^rd
April 1722 & of perfect mind & memory at y^e making
thereof.

First, He committed his soul to God, & his body
to Christian burial. Item, He left to his son
Philip Sayle & to his daughter Margaret wife to Will^m
Moor twenty shillings apiece, and a sheep to each of
them: which he said were like one another, & very little
difference betwixt them. Item, He left to Thomas
Sayle & John Sayle his son of the Craig eight shillings
each: vis^t John Sayle's eight shillings out of the price
of the mare he owed him: and Thomas Sayle's eight
shillings were in his own hands. Item, He ordered
that his brother Will: Sayle dec^d had five pounds
in the croft where he lived: which s^d five pounds
he gave to Thomas Sayle of the Craig, to be given &
paid to his said brother William dec^d: and he more=
=over declared that he gave an ox to the s^d Thomas
Sayle in consideration of giving him y^e continuance
of the s^d croft for eleven years. Item, He
declared that W^m Brew owed him all the price ten
shillings; (half of which he left to his son in law James
Tear as legacy as John Kneal one of y^e witnesses
declares) Item, He left to y^e witnesses six pence each.
Lastly, He constituted & appointed his loving wife & daugh
=ter (both Joneys) his true lawful & joynt Execrs of
all the rest of his goods movable & immovable what=
=ever. And declared that he had y^e croft he lived in
from Thomas Sayle in lieu of y^e above five pounds, till y^e
.............................. Witnesses
John Kneal
Thomas Radcliff
The Exrs sworn in Court in
form of law.
Probatum est & solvit 12^d
Pledges, Tho: Sayle of y^e Craige & Thos
Sayle ..eards

Philip Sayle, Bond & Arbitration

Witnesses
Thos: Sayle
Jon: Cotter
Annexe this to Phil
Sayle's will of Feb 1722

Whereas Phil: Sayle & James Tear have bound them=
selves under y^e penalty of 3^l ..d ufu: dom^mi to stand
by & rest satisfy'd w^th y^e award & Determinacon of
Jon Martin & Nich: Cowley in relation to all their
Differences & Accounts, & being exhibited severally
Sayle's Acc^ts amount to about 1^l 9s and Tear's to 20s
And having deliberately considered thereof & of all
other their pleas, we the s^d arbitrators do hereby think
fitt, & find it reasonable to allow y^e s^d Phil: Sayle
five shillings wch are to be paid forthwith by y^e
aboves^d James Tear, and this to be, & stand for full
satisfaction of all Accounts now depending betwixt
both parties according to y^e meaning & purport of
y^e bond before specifi'd. And this we return for our
Award in y^e ?uriser, As witness our subscription
Febr 12^th 1722. Jon Martin
Nichs Cowley

Feb 12 1722

The above arbitrators delivered this writing
for their Award & Determination in the Differ=
ences depending betwixt Philip Sayle & James
Tear, according to y^e meaning of the Bond, to me
Cha: Wattleworth

Feb: 12^th 1722 I do hereby acknowledge to have rec^d the full
sum of five shillings from James Tear
being awarded & adjudged agst him by the
Arbitrators, viz^t:Nich: Cowley & John Martin
mutually chosen by us; and I do acquit him
the s^d James Tear for y^e s^d Award & Bond. As witness
my mark: the day & year above written.
Before me Philip Sayle my mark X
Cha: Watleworth

Mem^dm Philip Sayle senr told his son Philip, on his death
bed in y^e presence of Joney his wife, that he did not owe
him ? Groat. to which the s^d Philip Sayle jun^r repl'd, in
these words, I did not say you did. As y^e s^d Joney wife
de...e

Feb 16 1722

Philip Sayle made oath that tho' he gave a full
receipt to his father Philip Sayle Sen^r for his .....
goods, yet there was 23s thereof unpay'd at that
time; whereof he only recv^d 14s in part of ...
therfor; And the other 9s is due to him at
present. This before the partys & testator
as well as before me.
Cha: Watleworth

For as much as it doth further appear to .. ...... y^e
making of y^e w^thin Award, by y^e Oaths of John Cottier
and Phil: Sayle befores^d That all & every thing or things
y^e s^d Phil: Sayle cou'd demand of James Tear's Mother in
Law, or of his wife were intended by y^e s^d Bond to be re=
ferr'd to our Arbitration, and also y^t y^e s^d Phil: Sayle is yet
behind nine shilling of his Mother's goods, we do
hereby allow him y^e s^d Sayle y^e further sum of 4s
wch together with y^e w^th in s^d five shils compleat y^e sum
of nine shils due to him by y^e death of his Mother, and
this to stand for full satisfaction of all accounts and
demands depending betwixt all y^e Parties fro. y^e beginning of y^e
world to this present day, y^e petticoat only excepted. As witness
our subscription Feb^r 16^th 1722 Jon martin
Nich Cowley This additional award is accepted from the
arbitrators by me Cha: Watleworth

Feb 16 1722

Thomas Sayle & John Cotter make Oath that y^e
within James Tear in behalf of his wife
& Mother in Law, as well as Philip Sayle, did refer
all their accounts to John Martin & Nich: Cowley
which were as that went in both sides: Excepting a
petticoat that was in Ann Tear's hands. Before me
Cha: Watleworth

Feb 16 1722

I Philip Sayle do hereby acknowledge to have rec^d
four shillings more (...dos the within fine that
by the additional award of the Arbitrators
And do acquit, exonerate & discharge the said
James Tear, his wife, & mother in law, for
the same, & for all other accts & damages
betwixt the partys to this day. As witness
my mark Philip Sayle my mark X
Witnesses
N Cowley
Jon Martinbr
... Sayle
Feb. 16 1722
>Acknowledged before me
Cha: Watleworth Offic^l

This to certify that Philip Sayle dec^d did declare
one Tho: Radcliffe ... ... some days before his death, to go
and call his son Philip Sayle unto him; which I accord=
=ingly performed; and when his son came to him, he
asked him how he was, to which his father replyd that
he was very weak and then both of them forgave
one another all past offences. After which the
son asked y^e father whether he had settled all things
& if a settlement was made to tell him so; Desiring
him also to leave him six pound legacy & ...
clearly?. To which the father answered, who will
take y^m from you. And y^e son asked him again
if you wont give them to me; to wch the father reply'd I
will not leave them from you. This is truth as
witness my mark
such was also declared in testament.
Thos Radcliff
Ja: Kneale
W^m Moore acknowledges to have rec^d from the
ex^rs of his father in Law Philip Sayle the sum of twenty shills
& a steer, being the legacy left to his wife by her
s^d Father, & for the same he hereby acquits &
discharges the s^d Ex^rs for ever. As witness his
subscription this 2^d day of June 1722
Before me W^m Moor his mark X
W^m Walker Vic^r Gen^l