X440/353

Copy of Will; Robert Audley of Biggleswade esquire

1694

From: 1694 To: 1694

- all freehold & copyhold messuages, land & hereditaments in Welborne & Spalding, Lincolnshire & in Biggleswade to friends Right Honourable Paulet Earl of Ballingbrooks & Edward Fowler DD. now Bishop of Gloucester & Robert Fish of Little Bilham, Lincolnshire, clerk & Mr Nathaniel Mason of Queenhithe, London, on trust to pay debts, legacies & to uses. Trustees to divide rents & profits into 4 parts: 2 to be kept in their hands for maintenance of son Robert for life "if it shall be the will of God he shall remain so long distracted". Said 2 parts to include rents, profits & houses in Biggleswade, anything further wanting to be taken from Lincolnshire profits. If son Robert be distracted at any time trustees to have guardianship & shall dispose of profits of his portion except £30 per annum allowed for maintenance, clothing & physic & "other means for his recovery" while there is hope for paying testator's debts & legacies until it shall please God of his infinite mercy that my son shall become of a sober and sound mind and be capable of disposing of it himself that it may not be vainly spent by others under a pretence of his maintenance while my own want it." If son is capable of marriage, trustees to find him a gentlewoman with a reasonable portion and he shall make her a jointure with consent of trustees, remainder of profits etc to go to sons of son Robert after deaths of the 2 daughters. For 7 years after the death of son Robert the trustees shall dispose of the rents & profits of the 2 portions intended for portions of his daughters & younger sons. After testator's debts are paid, rents & profits of one of the remaining 2 parts to daughter Mercy Audley for life, remainder to Robert, remainder to his children, remainder to his sons in tail. Trustees to keep 4th part during life of daughter Elizabeth for purchasing lands in name of trustees in trust to raise a better estate in lands or rent for Elizabeth if she lives to be a widow & until that time no-one but trustees may employ said rents & profits; trustees to allow Elizabeth only £10 per annum until the whole be paid into her hands towards the better maintenance & education of testator's grandson Robert Audley her son and the rest of her children in the fear of God & in human learning. If Elizabeth predecease husband then rents & profits to be used for benefit of grandson Robert Audley until age 21 then whole to be given to him but if he die before 21 then to be equally divided between all children of Elizabeth at 21. After death of Elizabeth trustees to dispose of rents etc of other part for son Robert Audley for life, remainder for maintenance of his children & after for his sons in tail. If son Robert dies without a son, then portion to his daughter. Remainder: ½ to daughter Mercy Audley for life, remainder to first son to be baptised, Robert Audley & his heirs male, remainder to her second son to be baptised, Thomas Audley, remainder to her 3rd son to be baptised, William Audley, remainder to heirs of Mercy Audley. ½ to be used for purchase of lands in trust for raising better estates for daughter Elizabeth when she is a widow allowing her only £10 per annum until that time for maintenance & education of grandson Robert Audley & rest of her children & if she predecease husband then to grandson Robert Audley at 21 & after his death to his first son baptised Robert Audley & his heirs male, remainder to 2nd son of grandson Robert Audley baptised Thomas Audley & to his heirs male, remainder to 3rd son to be baptised William Audley and heirs male, remainder to such sons of Robert Audley the grandson as shall be baptised by the name of Audley, remainder to use of grandchild Baron for life, remainder to use of 1st son baptised Robert Audley & heirs male, remainder to 2nd son baptised Thomas Audley & heirs male, remainder to 3rd son baptised William Audley & heirs male, remainder to heirs male of grandchild Baron to be baptised by name of Audley, remainder to heirs male of daughter Elizabeth baptised Audley, remainder to her heirs. For present maintenance of son Robert & daughter Mary trustees shall raise £30 per annum for Robert & £20 for Mary out of rents & profits of houses in Biggleswade & if these fall short out of property in Spalding. Debts & Legacies to be paid out of sale of stock & goods excepting library & household stuff, which is for son Robert & his son if he has one, failing that trustees to dispose of books as follows: half of all English books of divinity to daughter Elizabeth, other ½ to Mercy. All law books: to 1st son of daughter Elizabeth "which shall resolve to make the Laws of England his study and practice"; all physic books to 1st son of daughter Mercy "which shall resolve to make Phisick his study & practice. The rest of the books in English, French, Latin, Greek & Hebrew "which conteine the Languages or History or Geography or any other Art or Science" to be divided equally between eldest sons of daughter Elizabeth & daughter Mercy. Any more money needed after sale of stock etc to be raised from Lincolnshire property. "And here I cannot forbear to acquaint my said trustees that the afflicted condition of my said son Robert Audley and my said daughter Elizabeth caused me to take such care and to be so long settling all my lands tenements and hereditaments..."..."that they might not be suddenly spent or embezilled..." Requests children & grandchilden to respect his will. Trustees to let all houses & land in Biggleswade & Lincolnshire unlet at time of testator's decease. Out of first rents & profits trustees shall give daughter Mercy £50 above what she has already been given as a remembrance of her duty & diligence & she shall lay it out in buying so many such common field ewes & ewe lambs as do usually go about on the Sound Heath walks of Welborne & thereabouts, to hire the keeping of them upon some of those Sound Walks at the summer and when people take their sheep down from those Heath Walks, which is usually about the feast of St Andrew, to hire the wintering of them in the towns thereabouts and pay for keeping the winter and summer out of the sale of wool & male sheep and increase of the stock, for 7 years and longer if she think it profitable, and those ewe sheep which live to be 5 or 6 times shorn to be sold and lambs bought in their place. Trustees shall likewise raise £20 for daughter Mercy in the buying of lambs & ewes as above as a growing stock for grandchild Robert Audley if he live to 21. £10 to be paid out by trustees & daughter Mercy for buying ewes & lambs for grandchild Baron if he live to 21 & that Mercy shall have disposal of the sheep for the grandchildren. If either child dies, then his share to go to the survivor. If both die then to the children of Elizabeth. Trustees shall pay as much of son Charles debts at Oxford as shall not be paid at testator's death, being at time of will, £20 to executors of Mr John Bowell, between £4 & £5 to his apothecary, about 19s or 20s to his hatter "their names I have forgott yet I think Mr Arthur Parsons one of the Fellows of Corpus Christi Colledge knows..." To Mr Robert Willson - in Cambridge: £5 if still living. To each trustee a gold ring of 20s price with this motto: "I will and command all my children and my household after me that they shall keep the way of the Lord fear the Lord and serve Him in sincerity and in truth." Executors: the trustees & daughter Mercy Audley. Mercy shall not do anything in the disposing of the estate without the consent of the trustees. If neice Jane Hobson live to be married, trustees shall pay her £10. Trustees & executors shall cause testator's memorial to be of marble fixed strongly to each of the three pillars in the south side of [will torn] between which pillars and the middle alley of the said church the bodies of wife Edith and eight of my eldest sons & ...[will torn] lie buried, with such lasting inscriptions in remembrance of them as trustees & executors shall think fit if not done before testator's decease, & inscription for himself. witnesses: Henry Rudd, John Beamont, Francis Winn senior, Francis Winn junior, William Pratt

item

Audley, Robert,
Earl of Bolingbroke,
Fowler, Edward,
Fish, Robert,
Mason, Nathaniel,
Audley, Mercy,
Audley, Elizabeth,
Audley, Thomas,
Audley, William,
Audley, Baron,
Audley, Mary,
Audley, Charles,
Bowell, John,
Parsons, Arthur,
Corpus Christi College, Oxford,
Willson, Robert,
Hobson, Jane,
Audley, Edith

BUILDINGS & LAND USE, BIGGLESWADE, wills, Robert will: Audley, freehold property, freehold land, copyhold, Welbourn, Spalding, Doctor of Divinity, Bishop of Gloucester, Little Bilham, clerk, Queenhithe, trustees, family/personal financial affairs, HOUSING, annuities, medical conditions, books, sheep, debt, Oxford University, apothecary, hatter, Oxford Corpus Christi College, Cambridge, rings, memorials