Will of William Fithean/Phithion 1645


From line 11-35 there is a somewhat vitriolic outburst regarding his bequest (or lack of) to his son John Fithian !

1. In The name of God Amen the nynth Daye of octobr An(n)o Do(mi)ni 1645 I William
2. Fithian thelder of Browne edg in brereton in the Countye of Chester yoe-man
3. beinge greatlye Aged yett in full and p(er)fec Remembrance all Due laude and
4. Prayse & thankes be geiven to Allmightye God Theire fore Doubtin the uncer
5. tayne tyme of Death naturall Do ordayne and make this my Last will & testam(en)te
6. in man(ner & forme following, First and Above all thing(es) I comend my soule to all
7. mightye God my Creator & maker and to Jesus Christ my only savyou(r) & redeemer
8. by whose merritt(es) and p(re)ciouse blood shedding I hope to be saved and my bodye to the earth
9. from whence it came to be buryed by the Discrec(i)on of my executor heire after named
10. And as for and Concerning my worldlye good(es) and all other my p(er)sonalle estate, I do —
11. heireby Geive Dispose of and appoynt as followeth, First I do geive unto my eldest
12. Sonne John Fithian fyve shilling(es) in money for and in full — recompence & satisfac(i)on
13. of all his Child(es) p(ar)te and Fillial porc(i)on of all my good(es) Cattalls Chattalls and p(er)sonalle
14. estate (‘whatsover’ crossed through) of what sorte nature or quallitie , or of Anye rorte what soever,
15. for That he hath ever at all tymes, benne verye obstinate willfull wastfull of my
16. estate, And hath not onlye laide vyolent hands upon me him selfe, but hath suffered his
17. Children to abuse me and to do the like, and hath rather encorraged then Corrected them for
18. theire doings And for that I have paide and discharged Dyvers and sev(er)all Dett(es) and Sumes
19. of his Children, not w(i)th standing and never the lesse, That he hath benne Twise marryed
20. and hath brought both his wyves to my howse and living w(i)th out my Goode will or Con
21. sent, and w(hi)ch neither of his said wyves hath had either very little or no porc(i)ons of marry
22. age good(es) w(i)th either of his said wyves, yett never the lesse I have suffered him to have
23. and enioye a good quantitye of my howsing and Ground(es) theire unto belonging, and
24. have not had anye recompence or satisfacc(i)on from him for the same, And for the
25. better manifestac(i)on heire of I have Caused a note of Sume severall and p(ar)ticuler
26. Sumes of moneyes, Dett(es) and other Damages that I have paide and susteined by my said
27. Sonne John, And by reason of his willfull and Disobayedient Courses I have
28. … I have caused
29. the same to be putt Downe in wrytings w(hi)ch I have published and caused to be publ—
30. and read, at the Seling * Publishing and reading of this my last will — (*i.e., sealing)
31. The witnesses heire after named, And for the resons before m-nc(i)-n-d (mentioned?)I- is my will (I- is = It is)
32. and mynd that my said Sonne John nor — — sonnes nor Anye of —
33. shall not have nor enioye my messuage- and Tenement nor the Land–
34. longing nor Anye p(ar)te theire of After my Death: for his and theire ungodly and unchris
35. tianlye Carryage and behavyou(r) toward(es) and against me The said — Testator, — I do heire
36. by Freelye and absolutelye Geive and bequeath the same and everye p(ar)te of my
37. said messuage land(es) and tenem(en)t and everye p(ar)te theire of unto my well deserving
38. and welle loved Sonne William Fithian: To have and to hould the same, to him
39. and his Assignes Together also with the originalle lease and Graunt w(hi)ch I have theire
40. of for & during all the rev(er)c(i)on & rev(er)c(i)ons remaynder and remaynders of my lease & —
41. w(hi)ch I the said William the father have theire in (he the said William my sonne and ….
more to follow once I can summon the support of some more experts …….

Endorsements at bottom (many thanks to Andrew Zurcher, Gonville and Caius College, Cambridge):
“Copia vera Concordans cu(m) originali examinat(a)
p(er) me Io(hannem) Bennett No(ta)riu(m) Pub(li)cu(m)”
When translated means “A true copy agreeing with the original examined by me, John Bennett, Notary Public”

The left hand side (what is visible) says: “pr(o)bat 17o augusti 1646” “comissat adon soli exec”
The will was proved on 17th August, 1646 and the administration was committed to the sole executor.

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