WILL of Richard BOTLEY #6836 in 1649, with comments received from a professional paleographer.
RIC_1649.doc My handwritten number 7A/7B/7C/7D
Received from Bedfordshire Record Office 26th September 1996
Their reference: Ric, Tingrith, tailor, 1649/81
Pages 7A and 7B seem to be two copies of this will, written two
different hands, but virtually identical word for word.
Pages 7C and 7D are quite differently worded, but appear to refer to
the same Richard Botley?
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Nicola Waddington wrote:
"Documents 7A, 7B, 7C & 7D Noncupative will of Richard Botley, 1649
You have two spaces in your transcription here. The first missing word
is "noncupative". The second is "recepits". The word before it, which
you have as cows is actually "dews". The whole phrase is "dews and
receipts".
*1) did make constitute and appoint Mather Botly---
Other parts that you have queried in this will are correct. You have
modernised some spellings in your transcripts but not all. The meaning
is the same. Throughout this will Martha's name is spelled "Mather"
The sheet marked 7B has 2 separate documents on one sheet. The second
half of the sheet is the second copy iof Richard's noncupative will.
The first document refers to Richard Botley, his wife, Martha, brother,
William, sister Anne Botley and Anne Dennett. It is dated 8 September
1649 and is probably a commission to evaluate Richard's goods as part of
his probate.
7C
The first lines of this document are not clear enough to transcribe
accurately but it is a witness deposition by Thomas Pigott de Tingrith,
who had lived there for 16 years, regarding the death of Richard Botley.
I have checked the transcription line by line where the English starts
because this is where the interesting detail will be.
3. --in Anno domini 1649 [2 words unclear]
4. -- lyeing in his bedd---
5. in an upper rome---
6. ( as hee this deponent verily beleeveth)
7. spooke verie ??usibly and discredlly [discreetly]---
10. him selfe the said ---
12. ----Chattelles dues and debtes---
13. unto mee----
21. that hee [unclear] and all that bequethed to his wief in the
presence and hearing of
22. ---Botley repeated---
23. Mr. Richard Birdett
24. Mr. Alexander Neasbie Et alter
25. non potest deponere
26. Idem ad Interrogatoria [meaning - the same to the Interrogatory]
The next 3 lines refer toi points 1, 2 & 3 of the interrogation/
examination. The exact words are not clear.
Line 30 reads
" Ad 4th? respondet quod venit ad ------? att the request of the
parties prodused? and shall not received or doth expecte to receive
anie reward for the same
33. Ad 5th respondet That hee this ? was landlord to the
sayd Richard Botley and the said Martha his relicte in the
Interrogatoria named Ed alter non tenetur ---ddere'
The extracts on 7D are a continuation of 7C. The series of points
numbered 1-8 probably refer to the questions listed in document 8A & 8B.
7C are the answers to questions which were put to Thomas Pigott, Alex
Nesbett and Richard Burdett under oath. Document 7D comprises the
statements of Alex Nesbett and Richard Burdett regarding the death and
noncupative will of Richard Botley. They say roughly the same thing as
Thomas Pigott."
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Pages 7A/7B:
August the 17th 1649
The last will and testament
noncuperative of Richard Botley [6836] Taylor
of Tingrith in the county of Bedd
by him uttered and expressed Playnly
and distinctly in his [life tyme?] and
before his death unto us who have since
his death caused the writing hereof
as followeth
The sayd Richard Botley [6836] deceased being of
perfect mynd and memory, uppon the seventeenth
of August 1649 last past (haveing given
and bequeathed his soule to god and body to the
earth) did make constitute and appoynt
Mather Botley [6834] his wife sole executrix of all
his estate viz his house in Heath & Reach
his moveables and unmoveables goodes and chattelles
dews and receipts whatsoever belonging to the
sayd Richard Botley [6836], who likewise willed and
declared that yf his wife the sayd Mather
Botly [6834] should dye without issue and children
then the said house only in Heath and Reach
should bee given to his sister Anne Botley [6835?]
but for all other parts and parcelles of
estate whatsoever hee lefte and wholly gave
to his wife Mather Botley [6834]
Alexander Nesbett Ministr
att Tingrith
Thomas Piggott
Richard Burdett
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Page 7C/7D:
Thomas Piggott .... Tingrith [in?] .... Bedd .... ....
habitabit circa 16 ann aut eo & [decd?] [nat?] 49 .... ....
& [Tos.. ] .... .... virat .... et depo.it ....
loquitur
.... all .... et .... .... .... .... .... .... .... et a ....
deponit that the sayd Richard Botley [6836] all ... [decd?] in the month
of August last past in Anno D(omin)i 1649 .... ....
lyeing in his bedd wherein hee dyed
in an upper rome in his house in Tingrith aforesayd being
sicke and weake of bodie but in verie good understanding
(as hee this deponent verily beleeveth) for that hee then
spooke verie --usibly and discredly [discretely] with an intent to make
his will sayd (speakeing unto this deponent I (meaneing
him selfe the sayd Richard Botley [6836]) doe give unto my wife
(meaneing Martha Botley [6834] all... all my goodes moveable
and unmoveable Chattelles dues and debtes belonging
unto mee and make her my sole executrix and I doo
give unto her my house in Heath and Reach & yf my wief
dye without yssue then my house in Heath &
Reach I give unto my sister Anne Botley [6835?] But for all
other my estate whatsoever I (meaneing himselfe the sd
Richard Botley [6836] all all [dec?]) doo leave and wholly give unto my wief
Martha Botley [6834] [and?] I have [reason?]
to doo soe whith sayd worde or wordes to the like in [epsertd?]
that hee .... .... all that bequeathed to his wief in the presence and hearing
of
hee the sayd Richard Botley [6836] repeated this deponent
Mr Richard Birdett have the now
wief of this deponent and Mr Alexander Neasbie Et alter
non potest deponere
Idem ad Interrogatoria ["the same to the Interrogatory"]
[Item?]
.... .... 2 ............................. [Latin?]
.... 3.. ................................. [Latin?]
Ad 4th? respondet quod venit ad ...... att the request of the
parties prodused? and shall not received or doth expecte to receive
anie reward for the same
Ad 5th respondet That hee this .... was landlord to the
sayd Richard Botley [6836] and the said Martha [6834] his relict in the
Inerrrogatoria named. Et alter non tenetur ..ddere
.... 6.. .... qd .... in depone. sua et abs ... ....
...., .... that the words hee uttered were of this
.... ....
.... 7.. .... qd that the full effect of uttering ... the sayd
Richard Botley [6836] his will was that all hee had should
goe to his wief (.... .... .... ....)
.... 8.. .... .... et ....sayd (?) et abs non .... ....
.... .... 1649
.... .... .... .... Surrogte Tho. Piggott
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My handwritten number 8A/8B
Nicola Waddington reported that these are half English, half Latin, undated.
It is an Interrogatory relating to the noncuperative (i.e. dictated by the
deceased on his deathbed) will of Richard BOTLEY. This document is part of the
process to prove the will for probate. The first section mentions Martha
BOTLEY as Richard's widow (vidue) and William and Ann BOTLEY as Richard's
brother and sister [freter][sororis].
The points 1-8 are a list of questions to be put to the witnesses, namely
William, Anne and Martha BOTLEY. The first line reads "Interrogatoria ex parte
et per partem Willimi Botley freter" etc. Document 8B is a continuation of the
questions. No answers (or depositions) are included.
Points 1-4 concern the clarification of the witnesses and their depositions.
Point 5 poses the question whether Thomas PIGOTT was landlord to Richard BOTLEY
and to Martha after Richard's death. It also intends to ask whether any of
them held land or tenements of Thomas PIGOTT, whether any of them were in
arrears with the rent and by how much.
Point 6: To ask the witnesses what Richard BOTLEY actually said about the
disposing of his estate, whether he used the present or future tenses, whether
he spoke freely or was prompted and whether his words had been altered.
Point 7 & 8 [Document 8B]: To ask whether the will was made in writing and
whether Richard himself made it or some other person wrote it [at Richard's
dictation].
Interrogatoria ex parte et per partem Willimi Botley freter
Et Anne Botley sororis .... Richardi Botley ....
................................................
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My handwritten number 9A/9B
Nicola Waddington says that these documents relate to the final decision
relating to the noncuperative will of Richard Botley, and they are not the will
of Thomas Botley.
Dated 3 November 1649
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