(Trancribed 2010 by, and published by permission of, Jodie Williams).
In nomine dei Amen decimo sexto die Augusti Anno Domini nostri Caroli Anglie Etc Nono Annoque Domini 1633 John Swindall of Weston upon Trent in the County of Derby yeoman being sicke in body but of perfect and sound memory (prased be to god for it) do make this my last will and Testament in manner and forme following. First I doe hereby Revoke all former wills and Testaments heretofore by me John Swindall made. And I bequeath my soul unto the hands of allmightie God my only maker and Redemer and my body to be buried in the Church or Churchyard of Weston aforesaid at the discretion of my Executors. And as Concerning such Temporall estate as it hath pleased the Lord to indue me withall, I Give and bequeath them as followeth. First I give unto John Swindall my sonn the full & just Somme of Thirty pounds of lawfull mony of England to be paid unto him when he shall come and accomplish the full age of one and twenty yeares and a young heifer to be immediately delivered him after my decease. Also I give unto Mary Swindall my daughter the like Somme of Thirty pounds of like Currant mony To be paid unto her when Shee shall accomplish the age of one and Twenty yeares likewise. I give unto the said Mary a Brasse pann to be immediately delivered her after my decease. Also I give unto my youngest daughter Mary Swindall ... ... my now wife Dorothy ... ...of thirty pounds of like Currant money to be paid unto her when shee shall accomplish the full age of Fifteene but if she depart this life before she shall come to the said age of fifteene yeares That then the said some of Thirty pounds shalbe equally divided betwixt the said Dorothy Swindall my wife & my said sonn & daughter John Swindall & Mary Swindall. Also I give unto my brother George Swindall twelve pence & to my brother Henry Swindall twelve pence & to my brother Thomas Swindall twelve pence. Also I give unto my brother William Forman one shilling & also to my brother George Forman an other shilling. Also I give to my brother John Forman an other shilling also I give to my Sister Elizabeth Forman an other shilling. I also give to every one of my servants twelve pence apeece. All the rest of my Goods Chattels Cattailes moveables and immoveables I give and bequeath unto the said Dorothy Swindall my wife. In consideration and my will is That she shall pay & discharge all my fenerall expences Debts & legacies. I also make & ordaine my sonn in law William Bancroft sole Executor of this my last will & Testament to whom I give a quarter of Barly at such time when as he shall accomplish the age of one & twenty yeares. I also make & ordaine my said Brothers Henry Swindall & William Forman to be Overseers of this my last will &Testament. In witnesse whereof I have hereto sett my hand Dated the day and yeare above written.
fiat Administratio bonorum que fuerunt Johannis Swindall nuper dum vixit parochie de Weston super Trent Dorothee Swindall relicte dicti defuncti secundum tenorem testamenti retroscripti durante minori etate Willelmi Bancroft executoris in dicto testamento nominati et ad opus et usum dicti executoris Tuitio dicti Willelmi Bancroft generi Johannis Swindall et Mariae Swindall liberorum naturalium et legitimorum dicti defuncti eidem Dorothee Swindall Ob: dicta Dorothea Swindall de Weston super Trent vidua et Richardus Cartwright de eijdem villa et Comitatu Husbandman Beniamin Bentham deputat’
[Translation of Obligation:
Let there be made the administration of the goods, which were of John Swindall, late, while he was alive, of the parish of Weston upon Trent, to Dorothy Swindall, relict of the said deceased, according to the tenor of the will, before-written, during the minority of William Bancroft, the executor, named in the said will, and to the use and behoof of the said executor. The tuition of the said William Bancroft, the son in law, John Swindall and Mary Swindall, the natural and lawful children of the said deceased, is committed to the same Dorothy Swindall. Obligation: the same Dorothy Swindall of Weston upon Trent, widow, and Richard Cartwright of the same town and county, husbandman.
Benjamin Bentham, deputy.]
Noverint universi per presentes nos Henricum Swindell de Breedon in Comitatu Leicestrie husbandman et Johannem Potter de Wigginton in Com Staffordie yeoman teneri et firmiter obligari Carolo Twysden legum doctori Commissario generali Coven’ et Lichen’ Dioces’ per Reverendum in Christo patrem et dominum dominum Robertum providencia divina Coven’ et Lichen’ Episcopum legitime fulcit’ in Centum et quadraginta libris bone et legalis monete Anglie solvendis eidem Carolo Twysden aut suo certo Atturnato Executoribus Administratoribus vel Assignatis suis Ad quam quidem solutionem bene et fideliter faciendam obligamus nos et utrumque nostrum per se pro toto et in solido heredes Executores et Administratores nostros firmiter per presentes Sigillis nostris sigillat’ dat’ octavo die Decembris Anno Regni domini nostri Caroli dei gratia Anglie Scotie Francie et Hibernie Regis fidei defensoris etc decimo tertio 1637
[Translation of Obligation
Know all those by these presents that we, Henry Swindell of Breedon in the county of Leicestershire, husbandman, and John Potter of Wigginton in the county of Staffordshire, yeoman, are held and firmly bound to Charles Twysden, doctor of laws, commissary general of Coventry and Lichfield diocese, by the reverend father in Christ and lord lord Robert, by divine providence bishop of Coventry and Lichfield, lawfully appointed, in £140 of good and lawful money of England, to be paid to the same Charles Twysden or his certain attorney, their executors, administrators or assigns. Towards making which same payment well and faithfully we bind ourselves and both of us by himself for the whole and in the whole, our heirs, executors and administrators firmly by these presents, sealed by our seals. Dated the 8th day of December in the 13th year of the reign of our Charles, by the grace of God king of England, Scotland, France and Ireland, defender of the faith, etc, 1637.]
The Condition
The condition of this obligation is such That whereas there are twoe legacies of thirtie pownds a peece given and bequeathed by the Last will and testament of John Swindell late whilest hee lived of the parish of Weston upon Trent deceased to John and Mary Swindell naturall and lawfull Children of the sayd deceased beinge in their minority. And whereas thabove bounden Henry Swindell Curator ad Lites1 of the sayd John & Mary lawfully assigned, hath recovered received and had (by a Suite at the Common Lawe) the sayd legacies of thirty pounds a peece beinge three score pownds and five pownds apiece more beinge in all three score and tenne pownds of lawfull english money to and for the onely use and behoofe of the sayd Children in full satisfaction of all legacies & portions of goods due unto them or either of them from or by the sayd will. Nowe if the sayd Henry Swindell doe and shall well and truely content satisfie and pay or cause to bee satisfied and payd unto the sayd John and Mary Swindell the sayd summe of three score and tenne pounds viz. five and thirty pownds a peece of lawfull english money at such time & times as they & either of them shall attaine and come unto their full age of one and twenty yeares without any fraude or manner of deceite then this present obligation to be voyd and of none effecte or els to stand in full power force and vertue.
[Signed] Henry Swindell
Sigillat’ et deliberat’ in
presentiae
[Signed] John Potter
[Signed]
Rich. Walmisley
[Signed] Michaelis ?Nickins
Noverint universi per presentes nos Henricus Swindell de Breedon in Comitatu Leicestrie husbandman et Georgium Swindell de eisdem villa et Comitatu husbandman teneri et firmiter obligari Carolo Twysden legum doctori Commissario generali Coven’ et Lichen’ Dioces’ per Reverendum in Christo patrem et dominum dominum Robertum providencia divina Coven’ et Lichen’ Episcopum legitime fulcit’ in Centum libris bone et legalis monete Anglie solvendis eidem Carolo Twysden aut suo certo Attornato Executoribus Administratoribus vel Assignatis suis Ad quam quidem solutionem bene et fideliter faciendam obligamus nos et utrumque nostrum per se pro toto et in solido heredes Executores et Administratores nostros firmiter per presentes Sigillis nostris sigillat’ dat’ decimo tertio die Octobris Anno Regni domini nostri Caroli dei gratia Anglie Scotie Francie et Hibernie Regis fidei defensoris etc undecimo 1635.
[Translation of Obligation
Know all those by these presents that we, Henry Swindell of Breedon in the county of Leicestershire, husbandman, and George Swindell of the same town and county, husbandman, are held and firmly bound to Charles Twysden, doctor of laws, commissary general of Coventry and Lichfield diocese, by the reverend father in Christ and lord lord Robert, by divine providence bishop of Coventry and Lichfield, lawfully appointed, in £100 of good and lawful money of England, to be paid to the same Charles Twysden or his certain attorney, their executors, administrators or assigns. Towards making which same payment well and faithfully we bind ourselves and both of us by himself for the whole and in the whole, our heirs, executors and administrators firmly by these presents, sealed by our seals. Dated the 13th day of October in the 11th year of the reign of our lord Charles, by the grace of God king of England, Scotland, France and Ireland, defender of the faith, etc, 1635.]
The Condition
The condition of this presente obligation is such That whereas John Swindell late whilest he lived of the parish of Weston upon Trent deceased did in his life time make his last will and Testament in writinge nominateinge and appoynteinge William Bancrofte his sonne in lawe Executor thereof Which sayd William Bancrofte is nowe in his minoritye By reason whereof the administration of all and singuler the goods & Chattells of the said deceased is by thabove named Charles Twysden comitted and graunted to thabove bounden Henry Swindell duringe the minority of the said Executor I therefore the said Henry Swindell doe well and faithfully Administer the same goods and Chattells accordinge to the last will and testament of the said deceased whereof a true copie is annexed to the lettres of administration in this behalfe granted And make exhibit and yeild up unto the said Charles Twysden or any other competent Judge in that behalfe when hee shall be called and warned a true and perfecte Inventory accompte payment and delivery of all and singuler such goods and Chattells of the sayd deceased as hee the said Administrator shall have receive Administer or may lawfully come by by vertue of the said lettres of Administration to be devided ordered & Administered by the sayd Charles Twysden or any other competent Judge in that behalfe shall be appoynted with delivery alsoe of the sais lettres of Administration ready to be cancelled or otherwise ordered as shall seeme to the said Charles Twysden or any other competent Judge in that behalfe to stand with equity & justice And doe alsoe upon his owne proper charges save defend & keepe harmeles the said Charles Twysden & all other officers & ministers in that behalfe authorized for committinge & grantinge of the said lettres of Administration Then this presente obligation to be voyd & of none effecte or else to stand in full power & vertue. Sigillat’ et delibat’ in prensentia mei Michaelis ?Nickins notarij publici
1 Translation: ‘guardian at law’.
1 Relationships to John Swindall mentioned in the will
|
Wife |
Dorothy Swindall |
| Son | John Swindall (under 21) |
| Daughter | Ma(r)y Swindall (under 21) (youngest daughter) |
| Brothers | George Swindall |
| Henry Swindall | |
| Thomas Swindall | |
| 'Brothers' 'Sister' |
William Forman George Forman John Forman Elizabeth Forman |
| Son-in-law (Step-son) | William Bancroft |
2 Other names mentioned
| John Potter | Witness to Will |
| Rich. Walmisley | Witness to Will |
| Michaelis Nickins | Witness to Will |
3 The will shows that John's wife Dorothy has a previous son (William Bancroft) and that her maiden name was Forman.
4 Will written 6th August 1633 and proved 1634