(Trancribed 2010 by, and published by permission of, Jodie Williams).
In the Name of God Amen , I Nicholas Harding the elder of Furnivalls Inn London, Gentleman, being in good health of Body and of a sound and disposing mind and memory (praised be God for the same) do make and ordain this my last Will and Testament in manner and form following:
Imprimis I commend my Soul into the hand of almighty God who gave it me hoping and steadfastly believing in and through the alone Merits and Meditation of Jesus Christ our blessed Lord and Saviour to receive remission of all my sins and everlasting Life and Salvation. And my Body I commit to the Earth to be decently but privately buried in the South East Vault of the Parish Church of St Andrew Holborne London as next my Children lying there as conveniently may be if in case I shall die within the said Parish. But if elsewhere then to be buried where my Executor shall think fit. And as touching all the worldly Estate which it hath pleased God to bestow upon me, I give, devise and bequeath the same as followeth:
Item whereas it have upon the Marriage of my Son Nicholas Harding settled all my Manors of Kingston Canbury at Cannonbury and the Rectory of Kingston upon Thames in the County of Surrey and the Advowson of the Vicarage of Kingston aforesaid, I do hereby ratify and confirm the said settlement and all and every the uses, Estates and Limitations therein contained in manner and form as the same are therein limited and appointed.
Item I give and devise unto my said Son Nicholas Harding, his Heirs and Assigns for ever, all and every my Manors, Messuages, Lands, Tenements, Hereditaments and real Estate whatsoever and wheresoever lying or being within the Kingdom of England with their and every of their Appurtenances To hold to him and his Heirs and Assigns for ever.
Item I give and bequeath unto my Nephews Robert Harding, Esq., John Brownell, Esq., Gideon Harding, Clerk and Nicholas Swindell Ten pounds apiece to buy each of them Mourning.
Item I give and bequeath unto my Nephews William and Henry Harding of Nottingham Five pounds apiece.
Item - I give and bequeath unto the Five Children of my Nephew Robert Harding and to the Four Children of my said Nephew Gideon Harding and to the Five Children of my said Nephew Nicholas Swindell and to the Four Youngest Children of my late Nephew Robert Swindell late of Weston deceased Ten pounds apiece. And in case it shall happen that any of the said Children of the said Robert Harding, Gideon Harding, Nicholas Swindell and Robert Swindell or any of them shall happen to die before his, her, or their Legacy and Legacies before hereby bequeathed shall be paid, Then my Will and mind is and I do hereby bequeath that the Legacy and Legacies so as aforesaid given to such person and persons so dying shall be paid to and divided amongst his, her and their respective siblings, Brothers and Sisters, share and share alike.
Item I do hereby give, release and discharge unto my Cousin Charles Swindell the Fifteen pounds due to me from him by Bond, lands, all Interest due or to grow due for the same.
Item I give unto my Kinsman Thomas Swindell[1] the sum of Eighty pounds to set him up in his trade of a Pewterer in case I shall not set him up in my Lifetime provided he shall set up by the consent and discretion of my executor hereafter named.
Item I give unto my Nieces Mary and Anne Swindall[2] Ten pounds apiece.
Item I give unto the two Sons of my Niece Susannah Seale being Clothiers at Tamworth the sum of Ten pounds apiece.
Item I give unto the Children of my Kinsman Humphrey Vycars the sum of Ten pounds to be paid unto the hands of their Mother towards putting them out Apprentices or for such uses as she and my Executor hereafter named shall think fit and her husband not to intermeddle therewith.
Item I give and bequeath to my said Nephew Robert Harding Esq. the sum of Twenty pounds towards putting out so many poor Children of the Parish of Melbourne and Kings Newton in the County of Derby (where I was born), Apprentices as he and my Executor shall think fit.
Item my Will and meaning is and I do hereby declare that the several and respective Legacies herein before by me bequeathed shall be only paid and payable by my Executor hereafter named at such time and times only and for such uses, intents and purposes save what is before herein particularly appointed as my Executor in his own discretion shall think fit. And my Will and mind is that if my Executor shall be minded to pay all or any the Legacies before the person or persons to whom the same are bequeathed shall be at Age That then his actual payment out of the Legacy or Legacies to such Legacy or Legacies though under Age and his and their receipt for the same shall be a good and sufficient discharge and discharges notwithstanding such Infancy or Minority.
Item I give and bequeath unto my said Nephews Robert Harding and Nicholas Swindell and the survivor of them the sum of Twenty pounds to be paid within six months after my decease In Trust nevertheless that they and the Survivor of them shall issue, pay and dispose of such Twenty pounds to and for such uses, Trusts, intents and purposes as my Niece Susannah Seale shall notwithstanding her Coverture, direct, or appoint and her husband not anyways to intermeddle therewith. And for each of such direction or appointment Then in trust for all and every the Children of my said Niece Susannah Seale which shall be living at her decease. But in case my Niece Susannah Seale shall not survive me, then the Bequest of the said Twenty pounds to the said Robert Harding and Nicholas Swindell to be void.
Item I give to the President and Governor of St Bartholomews Hospital for the use of the poor there the sum of Ten pounds to be paid within one year next after my decease.
Item I give to my Servant George Knight, if Living with me at the time of my decease, the sum of Five pounds to buy him Mourning and all my common wearing woolen Apparel and Clothes.
Item I give and bequeath to Anne Pratt and Mary Wheeler, if living in the house with me at the time of my decease, Five pounds apiece to buy them Mourning. All the rest, residue and remainder of all my Estate, Goods, and Chattels my Debts, Legacies and Funeral expenses being thereout First paid and discharged, I give and bequeath unto my said Son Nicholas Harding, his Executors and Assigns. And I do hereby constitute and appoint my said Son Nicholas Harding full and sole Executor of this my last Will and Testament. And Lastly I do hereby revoke all former Wills by me at any time heretofore made and do publish and declare this to be my last Will and Testament. In Witness whereof to this my Will I have set my hand and seal this Thirteenth day of December Anno Dom 1706 and in the Fifth year of the Reign of our Sovereign Lady Anne by the grace of God of England, Scotland, France and Ireland, Queen, Defender of the faith.
[Signed]
Nicholas Harding
Signed sealed declared and published the day and year
abovesaid by the said Nicholas Harding the Testator for and as
his last Will and Testament and in his presence attested
witnessed and subscribed by us these words to such Legacy or
Legacies being first interlined
F. Page
Wm.Worcliffe (?) Richard Husband
This will was proved at London before the venerable master John Exton, doctor of laws, surrogate of the venerable and excellent master lord Richard Raines, knight, also doctor of laws, master, guardian or commissary of the Prerogative Court of Canterbury, lawfully appointed, on the first day of the month of April in the year of the lord 1709 by the oath of Nicholas Harding, son of the said deceased and the executor, named in the said will. To whom was committed the administration of all and singular the goods, rights and credits of the said deceased, sworn on the holy gospels to administer the same well and faithfully Examined.
Proved 1 April 1709
[1] Thomas, son of Robert Swindell, is the grandnephew of the Testator, also his 4 siblings are referred to prior
[2] Since Niece Mary Swindell died in
1678, he must be referring to his grandnieces, the daughters of
his nephew Thomas Swindell
1 Relationships to Nicholas Harding mentioned in the will
| Son (and executor) | Nicholas Harding |
| Nephews | Robert Harding (+ 5 children) |
| John Brownell | |
| Gideon Harding (+ 4 Children) | |
| Nicholas Swindell (+ 5 Children) | |
| Robert Swindell (deceased, of Weston) ( + 4 youngest Children) | |
| William Harding (of Nottingham) | |
| Henry Harding (of Nottingham) | |
| Cousin | Charles Swindell |
| 'Kinsman' | Thomas Swindell - to be set up as pewterer- probably Thomas Swindall |
| Nieces | Mary Swindall - probably Mary Swindell, sister of Charles |
| Ann Swindall - probabbly Ann Swindell, sister of Charles | |
| Susannal Seale - 2 sons clothiers at Tamworth | |
| Kinsman | Humphrey Vycars (+ children and their mother) |
2 Other names mentioned
| Executor, legacy to children | |
| F. Page | Witness |
| Wm Worcliffe(?) | Witness |
| Richard Husband | Witness |
| George Knight | Servant |
| Anne Pratt | (presumed servant) |
| Mary Wheeler | (presumed servant) |
3