The Will of Robert Throckmorton
of Great Paxton d.1699
1699 - Will of Robert Throckmorton of Great Paxton - scan of the original
In the name of God, Amen
I Robert Throckmorton of Paxton Parva in the county of Huntingdon (Esq) this first day of March in the year of our lord God 1698 do make this my last will and testament in manner and form following (that is to say)
Imprimis I give and devise unto Mary my dear wife all those my seven closes called Westwood Closes lying in the parish of Ellington in this said county of Hunt. in the occupation of Palmer and Ashton and also one other close adjoining to the aforesaid closes now in the occupation of John Petty and also all those my one hundred and sixteen acres of arable land and meadow ground by the same more or less lying in Ellington in the occupation of Thomas Sears and also all that close of pasture ground called or known by the name of Brook Furlong and one other close called of Horse close and one other close called New Pasture in Ellington aforesaid likewise in the occupation of the said Thomas Sears and also all that my windmill and one cottage with the close of pasture belonging to the same in Ellington aforesaid in the occupation of Robert Craddock and also one other cottage or tenement in Ellington aforesaid late in the occupation of Thomas Chandler and also all that my close of pasture lying in Ellington aforesaid called or known by the name of Sow Meadow in the occupation of George Mayhew and also all that my other close or closes of pasture called or known by the name of Shortland close lying in Ellington aforesaid in the occupation of the widow Chamberlin.
To have and to hold the aforesaid premises unto Mary my said wife for and during the term of her natural life in lieu and full satisfaction of all such dower and thirds as the said Mary my wife might have or claim or out of all or any part of my estate wheresoever and after the decease of my said wife then I give and devise all the aforesaid premises and all my other messuages, lands, tenements and hereditaments in Ellington aforesaid unto my son Robert Throckmorton and his heirs for ever (that is to say) the premises aforesaid settled upon my wife to him and his heirs immediately after her decease and all the rest of my estate in Ellington to him and his heirs to enter upon at his age of one and twenty years and not sooner and subject to the payment of my daughters Susannah, Alice and Mary such sum and sums of money for their portions as is herein aftermentioned (that is to say) out of my estate in Ellington I give and bequeath unto my daughter Susannah six hundred pounds of lawfull money and to my two other daughters five hundred pounds a piece of lawfull money to be paid them at their severall and respective age and ages of one and twenty years.
And my will is that such of my estate aforesaid as shall fall to my son Robert after my decease and before he shall attain to his age of one and twenty years shall be disposed on in manner following (viz.t) the rents issues and profits thereof to go towards his maintenance and education in such proportion as my Trustees aftermentioned shall direct and appoint and the rest, residue and remainder of the rents issues and profits of the estate that shall fall to my son Robert after my decease and before he shall attain his age of one and twenty years until he shall attain that age shall be paid into the hands of my Trustees or either of them and from time to time as conveniently they can be put out at interest for the raising of portions for my said daughters and to be paid them in manner aforesaid.
In the first place allowing my daughters the rent sufficient for their maintenance and education as they shall think fit. And if there shall not be sufficient money raised by the rents aforesaid then the remainder of my said daughters portions shall be paid out of the estate aforesaid that shall happen to my son Robert after my decease. But if it shall happen that my son Robert shall depart this life before he attain his age of one and twenty years then and is such that I give and devise the premises that are given my son Robert as aforesaid unto that child my wife now gets with if it be a son and his heirs and not otherwise in like manner for his maintenance and education during his minority and my three daughters and for raising them portions in like manner as my son Robert should have done.
And if it shall so happen that any or either of my said daughters shall depart this life before her or their portion or portions becomes due to be paid then my will and meaning is and I do give and bequeath the portion of her or them so dying unto the survivor or survivors share and share alike any thing herein contained to the contrary thereof notwithstanding.
And further if it shall happen that my son Robert shall depart this life before he attains his age aforesaid and that child that my wife gets with be not a son then and in such case I give and devise the premises aforesaid as are given to my son Robert unto my eldest son Bromsall Throckmorton and his heirs at and as soon as he shall attain his age of one and twenty years and in the mean time to raise money for my three daughters and their maintenance and education only any thing herein contained to the contrary thereof in any wise notwithstanding then I give and devise unto my eldest son Bromsall and his heirs all that my messuages with the appurtenances in Little Paxton aforesaid therein I now dwell called The Brick House and all my freehold cottages, lands and tenements in Little Paxton aforesaid and all that my manner and lordship in Little Paxton aforesaid and all messuages, lands, tenements and hereditaments whatsoever belong to the same Holden of the College of St John’s in Cambridge for such term of years as I have in the same and upon this condition that my said son Bromsall and his heirs do pay unto my son my wife is newly delivered of at his age of one and twenty years and out of the rents and profits of the said freehold and leasehold estates in Paxton aforesaid so much thereof shall go during its minority towards the maintenance and eduction of him as my Trustees shall think fit and appoint.
And if my son Bromsall and his heirs refuse payment of the said five hundred pounds to my said son newly borne I give to him to be paid at the age of one and twenty years then I give all my freehold estate to my new born son and his heirs for ever and all my College lease in Paxton aforesaid to him, his executors, administrators and assigns any thing herein contained to the contrary notwithstanding and in case my new born son shall depart this life before he attained his age of one and twenty years then the five hundred pounds so as aforesaid given to him shall be paid unto my three daughters in part of their portions as they shall attain their severall and respective ages of one and twenty years for the lightening and easing my son Robert’s estate in Ellington aforesaid.
Then I do appoint Mary my said wife as guardian for my said children during their minorities if she lives so long and continues a widow, but if she should happen to dye before or marry, then I do appoint my father in law Thomas Bromsall Esq and my uncle Edward Mason, Guardians for my children during their minorities and do desire them to take case of their education and bringing up.
Then I do direct and appoint that all my debts on mortgage and otherwise howsoever be out of my personal estate paid as soon as possible and conveniently my executors can and the rest of my goods, chattels and personal estate after my debts paid and funeral charges defrayed I do give unto my dear wife.
And I do hereby constitute and appoint my said father Bromsall and uncle Mason joint executors of this my last will and testament and I do devise my executors to buy them rings.
Then I give unto my brother Albion Throckmorton all my plantation and effects in Gloucester County upon York River in Virginia to him and his heirs, executors, administrators and assigns.
Then I give unto my brother Gabriell Throckmorton my other plantation and effects in New Kent County near Rappahannock River in Virginia to him and his heirs, executors, administrators and assigns.
Then I give to the poore of Potton three pound and to the poore of Paxton Parva thirty shillings to be distributed by my executors or by whom they shall think fit and also forty shillings to the poore of Ellington in like manner to be distributed.
In witness whereof I have to three sheets of paper annexed together set my hand and to this last sheet my seal the day and year first above written.
Signed, sealed, published and declared to be the last will and testament of the said Robert Throckmorton (according to act of Parliament) in the presence of us
The Marke of Mary Jones
PROBATUM fuit hujusmodi Testamentum apud London coram venerabili et egregio viz Domino Richardo Raines militis Legum Doctore Curiae Praerogat Cantuar magistro Custode sive Commisario constitutuit Tertio Die mensis Maii Anno Domini Millesimo sexcentesimo nonagesimo nono
Jurametis Thomae Bromsall Ar(?) et Edwardi Mason Gen Executores in dicto Testamento nominat Quibus commissa fuit Administratio omnium et singulorum bonorum jurium et creditorum diuti defuncti de bene et fideliter administrando eadem ad sancter dei evangelia (vigor commissionis) jurat./
[Meaning of Latin] This will was proved at London in this place by the venerable and honourable Sir Richard Raines (Knight) Doctor of Laws, Keeper or Commissary of the Prerogative Court of Canterbury constituted the third day of May in the year of our Lord one thousand six hundred and ninety nine (1699 A.D.)
By the oaths of Thomas Bromsall (Ar?) and Edward Mason Gentleman nominated Executors in the said will to which administration was granted of all and singular goods, rights and credits of the said deceased]
Sworn on the holy Gospel of God to well and faithfully administer the same (by force of the commission).
Transcription and translation by Rachel Osborne