The will of Nicholas Austen (c.1557-1613) of Banbury, Oxfordshire, husband to Abigail, father to Abigail and William, and Town Clerk of Banbury for at least 25 years. He is my 9th great-grandfather. Transcribed by myself, although there is one word in the probate that I can't make sense of, even though it isn't particularly illegible.
Source: UK National Archives, PROB 11/122/24
Apart from some specific household items and livestock, Nicholas divides his possessions evenly between his daughter and son.
In the name of God amen the thirteenth daye of July
in the yere of the raigne of oure soveraigne Lorde James by the grace of god King
of England ffrance and Ireland & Defender of the faith xc. the Eleaventh and off Scotland the Six
and fortithe Anno Domini one thowsand sixe hundred and thirteene I Nicholas Austen of
Banbury in the Countie of Oxon gent beyng weake and ill in bodye but of good and
perfect mynde and memorye 'I praise god therfore) Do make and ordayne this my put
last will and testament in manner and forme folowinge. ffirst I freelie recommend and
give up my soule to Almightie god that gave yt trusting and steadfastlie beleving to be saved
and live for ever in the kingdome of heaven by the meritts of Jesus xpiste my Redemer and
by no other meanes And I will my bodye to be buryed in the Church or churchyard of
that place where god shall end my synnfull dayes by the appoyntment and direction of my
welbeloved wife Abigall. Item I give and bequeathe unto the poore of the Boroughe of
Banbury twentie shillinges to be put and ymployed in the stocke to buye Coales for them
Item I give and bequeathe unto the churche of wiggenton five shillinges eight pence. Item
I give and bequeathe unto my daughter Abigaile the Bedstead and matt at Mr Gees
wherein I laye: And I allso give and bequeathe unto my saied daughter the featherbed wherein
nowe I lye and the twoe Bolsters twoe pillowes twoe pillowbeeres Curtayns and all other
furniture belonging to the same and my best fyne sheetes and twoe payer of other sheetes my
best sixe tablenapkyns and five other napkynnes that be in the Cofer and the same cofer or
Chest and best Diaper drincking cloth and my litle brass pott and my greate kettle: willing my
saied welbeloved wife shall have the Custodye of all these thinges for my daughter (yf my
wife put in sufficient securitie to my overseers to deliver them to my sayed daughter at
her age of one and twentie yeres or to my sonne william Austen her brother at the age of
one and twentie yeres of the saied william (yf my daughter dye before. ffurther I
give and bequeathe unto my saied Daughter Abigaile six of my best beasts to be delivered
her at her saied age of one and twentie yeres: And yf she dye before then my sayed
welbeloved wife to have them; but my wife to put in securitie as aforesayed to deliver them
(yf my daughter dye before Item I give and bequeathe unto my sonne william Austen, my best
ffeatherbed one best Bolster twoe pillowes twoe pillowbeeres my best homemade Coverlett
two my best bluncks, my next best fyne sheetes and twoe payer of other sheets and twelve of
my midling napkynnes in my chiste aforesayed and my second Diaper drunking cloathe my best
brasse pott and the fagotts and hounges at Mr Gees and my wood in the churchyarde
and fower of my next best beastes, and my wife to have the use of all these thinges
yf she put in sufficient securitie to my overseers aforesayed to deliver all to sayed
Sonne at his age of one and twentie yeres or to his sister Abigaile (yf he dye before)
Item I give and bequeathe unto my saied twoe children my fyve horses gueldinges and
mare and my ploughes Cartes yarrowes and all furnitures of husbandrye to my
sayed twoe children equallie to be parted betwene them and Delivered them at theire severall
ages of one and twentie yeres and my saied welbeloved wife to have the use therof till
my sayed children come to theire saied severall ages yf she put in securitie therfore as
aforesayed And all thinges abovesayed remayning in my sayed wife use I will and
order shalbe for the mayntennce and bringing up of my sayed twoe children. The Rest
of my horses viz: my guelding and the white mare and twoe Colts I freelie give
unto my saied welbeloved and the rest of my Beasts beyng fower and the yeereling
Calfe and all the rest of my househould stuffe not before herein bequeathed: But I will y
my Daughter in Lawe Anne Blunk shall have a Coverlet, a fflockbed twoe payer of sheets
a Dozen of napkynnes a bolster a pillowe and a pillowbeere and twentie of my best lambes
towardes rearinge her a stocke which I hope my wife will well doe by her Commodities
at wiggenton Broxham and the Cradle close Item I will that my twoe yarde Landes of
Newton Cropp be sould by my overseers and all my sheepe and the Rest of my Lambes towards
the payment of my debts which I hope wilbe seaventie poundes wherof I owe to Will[ia]m
Lewrock twentie twoe poundes at may day next Tenne poundes to Mr William
Goodwyn at his Demande: And by bond to William Thorpe the first of Novemb[er]
next twentie twoe poundes and Mr William Knighte twentie twoe poundes at maye
daye next by bond. And yf this will not reache to paye theise Debts: Then I will the
two calfe yarde lands Cropp at Wroxton to be allso sould for the same. I owe to Will[ia]m
Beckingham abowte sixteene poundes which I have in malte and money in my Awnts
house: Item owyng to my cosin Webb and Henry Halhed abowte twentie poundes, wherof
Mr Gee oweth me eight poundes and above: my brother Hall of Hampsheire fyve poundes
S[i]r William Pope at oure Ladye daye laste fyve poundes And since I rode on Circuite ymeadially
after Ladye daye which is xxx shillinges I hope he will paye at the last and not keepe
yt from my poore infants. Item I give to my Brother Will[ia]m Colchester Mr Stratford
his bonde of fower pounds and the use therof ever synce yt was due Item John Laurence
brother Thomas of Boston oweth me thirtie fower shillings for fourteene strikes of barley
ever synce seede tyme was twoe yeres: And John Maynard oweth fyve shillings fower
pence for beasts grasse in ffursen feild and some writing I made for hym. And Richard
Barnes oweth by his bonde to me fifteene shillings tenne pence. John Keelye oweth but
Sixe shillinges of his Bill of five and twentie shillinges: Item Roger Carter of wroxton
oweth me three poundes and more as appeareth in my litle blacke booke of Reconings: Raphe
Halloweth but fyve shillinges on his bonde which I forgive hym. I owe goode Barrowes
fortie twoe shillinges eight pence for beare and she oweth me for twoe Capiases. Her
twoe sonnes had xxviijd & ciijd for searching her husbands tyme of freedome. Item I owe to
Robert Letche above twentie shillings. Item I give and bequeathe unto my aforesayed twoe
children all my Interest and tearme of yeres of my mesuage and twoe yarde Landes
with thappurt[a]nncs in the village and deildes of North Newnton in the Countie of Oxon
and the Lease therof willing the same to be ordred and Disposed to the best profitt of
my sayed twoe children by my overseers: And yf my wife be nowe with childe and the childe
be borne and live Then I will that childe shall have a parte with my other twoe children
in all thinges And yf that childe shall dye before yt come to the age of one and twenty
yeres: Then I will the portion of hym or her to goe to the other twoe children. Item I
give to George Blunt my best gowne my ryding Coate and halfe all my Apparrell
but my twoe payer of Cloathe breeches which I give my brother William Colchester
and I give George all my bookes. And to William Blonnt I give my twoe blacke
Cloakes and the other halfe of my wearing apparrell. I give my ffather my best chist
And to my mother the litle waynescott chest. And I make and ordeyne my sayed twoe
Children William Austen and Abigaile Austen executors of this my last will and
Testament And my overseers to this my present last will and testament my Brother
William Austen my Cosin John Austen and my Cosin Thomas Webb whome allso I will
shall administer on my childrens behalfe giving unto every of them for theire paynes to
be taken herein fortie shillinges a peece. In Witnesse wherof I have hereunto
set my hande and seale the Daye and yere first abovesayed. Witnesses called
and required hereunto Thomas Webb William Whatley John Austen ./
p me Nichum. Austen ./~/.
Vicesimo septimo die mens[i]s Julij Anno Domini millesimo
sexcentisimo decimo tertio Emanavit Commissio Johanni Austen et Thome Webbe supervisor
nominatis in testamento sive ultima voluntate predict[a] ad administrac[io]ne[m] bona Jura et credita
dicti Defuncti iuxta tenorem et effectum testamenti sive ultime voluntatis predicti def[eren]s
Durante minori Etate Willi[a]m Austen et Abigalis Awsten liberorum ?alium et l[egi]t[i]mo[r]u[m]
dicti Defuncti et executorum in eodem testamento nominat[ur] de bene xc Jurat ./~/.
The twenty seventh day of the month of July Anno Domini one thousand
six hundred and thriteen The Commission Issued to John Austen and Thomas Webb named
overseers in the testament or last will aforesaid the administration of the goods rights and loans
of the said Deceased according to the manner and effect of the testament or last will aforesaid with regard to
duration of the minority ages of William Austen and Abigaie Awsten ? ? and legitimate heirs
the said Deceased and named exectutors in the same testament Sworn well etc.
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