The Last Will
and Testament of Zachary Babington
In
the name of God Amen. I Zachary Babington of Whittington in the County of
Staffs Esq being prayful to God in perfect health & memory doe make this my
last Will and Testament in manner following. In the ffirst place I bequeath
my soul to Almighty God that gave it trusting for Salvation only in the
meritts of my blessed Saviour and Redeemer Christ Jesus. My body to be
buryed att the discretion of my Executrix hereafter named. It(em) concerning
the houses Lands Tenements and Heriditaments I have or shall have att the
time of my death I thus dispose of The House or Capitall Messuage in
Whittington aforesaid built by me and wherin I nowe inhabit w’th all my
Houses, Lands and Tenements in the p’ish* of Whittington aforesaid with
ffreehold or Coppihould Land (having licence of the Lord of the Manor of
Longdon to dispose of my Coppy land by will) together w’th all my Land and
Tenements in the p‘ish* of Widnesbury** and Armitage in the County of
Staffs. The meadow ground I bought in two meadows called Doddsmore***. and
Goodwins Meadow - lying in Tamhorn and Timmor – ? one or both of them in the
County of Staffs - together w’th the Lands and Tenements I lately purchased
in Harlaston in the p’ish* of Clifton in the said County of Staffs comonly
called Richard Browns Ffarm And the house or burgage situate in Sandford
Street in Lichfield Citty I give and devise to my deare wife during her
naturall life together w’th All other Lands Tenements and Hereditaments I
shall have any state of Inhabitation in att the time of my death in
Staffordshire or in any other County or place except what is herein
otherwise devised. Item the Houses lately built since the late dreadfull
ffire in London in Buttolph Lane and Low Lane these late in the holding of
Mr Brake, a merchant lately deceased being about ffive in number (a moyity****
thereof my wife is to enjoy during her naturall life by her ffather’s Will)
the other moyity**** of them w’ch I purchased to me and my heirs of my
brother Edward Babington his daughter and Coheirs or to their Interest in
the ground before they make rebuilt. I give to my wife during her naturall
life and after her death to my sonne Zachary and his heirs the other moyity
will descend to him after his mothers decease according to his grandfather
Alden his will. Item. All the Right Title and Interest I have or shall have
att the time of my death w’th my worthy friend Phillip Pargiter Esq to the
Prebendary’s Lease of the Prebend of Alrewas in the County of Staffs and to
the Tithes and profitts thereof yearly enduring (after the decease of my
wife) I give to my said sonne Zachary and his Assigns in as ample and
beneficial a manner and under the said Covents and agreements as I have or
ought to have in the future. Item The Lease and Interest of years or lives I
have from the Towne of Lichfield in a ? ground called Cry Croft lying in
Streethay in the county of Staffs in the holding of one Mr Rob’t Bayley of
the Citty of Lichfield as also the Lease I hold from the Viccars Choralls of
the Cathedrall Church of Lichfield of the Close adjoining to Cry Croft
aforesaid w’th seven Acres of Lands belonging to the said lease lying in a
comon ffield belonging to the Citty of Lichfield in the holding of one
Harrison I give to my sonne John and his Assigns during the contynuance of
the said lease for paying yearly to his sister Katherine during the
contynnance of the same the sum of ffive pounds out of the yearly Rent ? by
the said lease . Item the house I lately purchased of Thomas Green in
Sandford Street in the Citty of Lichfield w’th the appurtenances wherein my
daughter Katherine now w’th her husband inhabith I give to my said wife -
during her naturall life. - (I know she will be kind to her said daughter)
and after the decease of my wife my will is this. my said daughter Katherine
do enjoy the use of that house during her naturall life. I give also to my
said daughter Katherine ffifty pounds. To my grandchild Dorothy Dyott that
lives w’th me Two Hundred pounds. Item I give to my sister Drakeford*****
(if she be then living att the time of my death) fforty shillings. To my
Daughter Babington, Daughter Dyott, and my Daughter Elinor, I give to each
of them ffive pounds. To my truly beloved and honest brother in law John
Nickyn^ gent. and his wife I give to each of them Twenty Shillings. To my
Godsonnes Zachary Dyott and Zachary Levvett I give to each of them ffive
pounds. It(em) I give to my Godsonne Zachary Griffith fforty shillings To my
Godsonne one of the sonnes of Mr W’m Quinlon of Wall I give ten shilling. To
the poor of the p’ish* of Whittington where I live I give ffive pounds to be
disposed of att the discretion of my executrix hereinafter named. To my
servant that shall live w’th me att the time of my death I give ffive
shillings. To my dear friend Mrs Bagnall of Newcastle in this County widdow
and relict of my most precious friend Mr Thomas Bagnall deceased I give the
two and Twenty shillings piece of gold (put in a pag^^ in this my will) to
be forthw’th sent her after my decease being the same her dear husband left
me. Item My will is that all the other Legacys hereby given may be payd and
sertiffied w’thin two years after my decease (other than the Leases I have
here disposed of w’ch will fall as I have given them) And in case I shall
not leave sufficient in ready money (att the time of my death) to discharge
all the said Legacys hereby given. I do hereby charge the pay’ent of them
(for so much as shall be wanting in ready money to do it) uppon the Rents
and Proffitts of all my Lands Tenents and Hereditaments in Harlaston
Widnesby and Armitage afores’d, to be raised by my Executrix and her Assigns
out of the Rents and P’ffitts thereof for soon as conveniently it can be.
And lastly I do hereby constitute and appuynt my most dear and loving wife -
my most even yokefellow^^^ - the sole Executrix of this my last will and
Testament and do hereby give her all my personall effects, not hereby
formerly disposed of, And do hereby appuynt my Two sonnes John and Zachary
overseers of this my will, not doubting but that they will both and each of
them faithfully assisting to their dear mother ? both she and myselfe having
been kind parents to them: And I do hereby desire my said sonne John that in
case there happen to be An Acre or two (but I doe not know there is so much)
of Coppy hold Lands in Whittington, left out of my licence in Longdon Court
Coppy to dispose of my Coppy hold Lands there by my last will that he suffer
his mother to enjoy it for her life, w’th the house and Lands in
Whittington, that I have devised unto her I desire no great solimpuity^^^^,
nor ffluveall sermon be preached att my Interment. My dead Corpse will
sufficiently distress (to all them present) the certainty of mind and the
truth of their succeeding mortalities; In witness that these two sheets of
pag^^ filed together and written w’th my own hand contayne my last Will and
Testament. I have hereunto putt my hand and seal the seventeenth day - of
July …….. in the second year of the Reigne of our Sovereign Lord King James
the Second of England --- Anno –domini 1686
Signed sealed published and disclosed by the
above named Zachary Babington as his last
Will
and Testament in the presence of
NICHOLAS HARVEY
THOMAS BLADON
JOHN BAXTER
TRANSCRIBED (WITH DIFFICULTY )
PETER BRITAIN,
CIRCA 1976
PHILIP WOOD, JULY
2001.
SUE COOKE, OCTOBER
2001
Notes:
Italics throughout denote uncertainty of transcription
*parish
** Babington family
connections with Wednesbury through William Babington born 1489 who had
married the eldest daughter and co-heir of John Beaumont, esq. of Wednesbury
***Hard to read, but reference in Victoria History of
Staffordshire to a Dodsmore Meadow p 250
****Shorter Oxford
Dictionary: moiety – (from old French) – a half or either of two (not
necessarily equal) parts
*****Zachary’s
sister , Anne, married a Richard Drakeford
^Staffs Pedigrees
1664-1700 cites a John Nicken of Hatherton as the father of John Babington
(son of Zachary born 1611)’s wife Elizabeth. Brother-in-law probably being
used as a loose term, ie a relative by marriage of a similar age.
^^pag = (we guess)
abbreviation for page
^^^Shorter Oxford
Dictionary: yoke-fellow = a marriage partner, spouse
^^^^solem(p)nité =
old French for solemnity