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Will of John DAVENETT of Oxford Will undated   Commission 21 Oct 1622 (see Note)
Source: TNA no. PROB11/140 Contributed by: Anon Go to Translation Go to Transcript
Summary.
John Davenett late Mayor of the City of Oxford. It hath pleased god to afflict me these four months rather with a pain than a sickness ... my pains daily increasing ... considering my many children and the mother dead who would guide them ... [I make my will] ... Name Relationship [Comments] or Major Bequests John DAVENETT   Oxford Elizabeth DAVENETT Daughter Jane DAVENETT Daughter [later HALLOM] Alice DAVENETT Daughter Jane HALLOM Daughter Thomas HALLOM Son-in-law Apprentice Nicholas DAVENETT Son [under 15] William DAVENETT Son [age 16] Robert DAVENETT Son [at Oxford Univ] John DAVENETT Son [at school -- and see Note] - HATTON Sister [with unnamed ch] Alderman HARRIS Overseer (Exec) Alderman WRIGHT Overseer (Exec) John BIRD Overseer (Exec) William GRYER Overseer (Exec) Thomas DAVIS Overseer (Exec) George - Apprentice Mr HAINES Tenant London Deptford [schoolmaster] Mr HUFFS Lease-owner Commission 21 Oct 1622 to Robert Davenett and Jane Hallom als Davenett, children of the deceased, to administer his goods etc according to his Will, no Executor having been named ...
Transcriber's and Editor's Notes
Buried 19 Apr 1622 at St Martin’s at Carfax. The surname was much more usually given as DAVENANT -- perhaps the PCC clerk got it wrong here. The "Commission" was because he named no Executor, and would probably have been followed by a more official Bond of Administration with more detail of what Robert and Jane had to do, and penalties if they didn't. The will is complicated and "stream of consciousness" -- presumably he was both busy and in pain -- so though the writing is mostly clear enough the meaning is not always so. Users with a particular interest should study the full transcript and make up their own minds. He often uses the phrase "comes out of his years". It could mean "reaches 21" but probably means "the end of his apprenticeship". He was Mayor of Oxford, dying during his year of office. He kept the Salutation Tavern (later Crown Tavern) at 3 Cornmarket, and was a friend of Shakespeare. Eldest daughter Jane did marry Thomas Hallom, very soon after her father's death. Son William did not obey his father's wishes but went to London and wrote plays, later becoming Poet Laureate and being knighted -- there were rumours that he was Shakespeare’s son ... It seems likely that "George" is another, more junior, apprentice. No witnesses are listed in this clerk's copy.
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
John Davenett late Mayor of the City of Oxford. It hath pleased god to afflict me these four months rather with a pain than a sickness ... my pains daily increasing ... considering my many children and the mother dead who would guide them ... [I make my will] ... My body is to be buried in the parish of St Martin’s in Oxford, as near to my wife as [can be arranged]. If I die in the year of my mayoralty my funeral etc should be in a comely manner, neither with pomp nor too much cheapness, at the discretion of my Executors. I wish Alderman Harris, Alderman Wright, Mr John Bird, Mr William Gryer and Mr Thomas Davis to be my Overseers and Executors, not only in [my will] but also to advise to my children re the settling of their estates. My debts which I owe by bond, bill or book, made within the last two years, are to be paid. I give £200 each to my three daughters Elizabeth, Jane and Alice, to be paid within one year after my burial. I give £150 each to my four sons, to be paid within a year after my burial. I give my house at the White Bear? in Deptford, (let to Mr Haines, schoolmaster of Merchant Taylors' school), to my son Nicholas. I give my seal ring to my son Robert. My household stuff and plate (except such necessaries as my Executors think fit for the furnishing of my house) is to be sold within a year to go toward the payment of my children's portions. My house is to be kept as a tavern, continually supplied with wines, for the bringing up etc of my children until my servant Thomas Hallom comes out of his years (see Note). Thomas Hallom is to manage the tavern during his apprenticeship, giving a true account of his dealing to my Executors four times a year. When his apprenticeship is over the yearly profit (after deduction of rent, repairs and housekeeping expenses), also the stock in the cellar and debts, is to be divided equally between my seven children, or the survivors if any have died in the meantime. George is still to be kept in the house until he comes out of his years (see Notes), at which time he is to be made free of the Merchant Taylors in London and given £5. In order that keeping my house as a tavern for the better support of my children may be more effective, and because my three daughters, being maidens, can hardly control a thing of such importance, I ask my sister Hatton (if she will) to come with her youngest son and sleep and eat at my house with my children for the better comfort and countenancing of my daughters until Thomas Hallom comes out of his years, knowing her always to have been loving, just and kind to me and my wife. She is to have her food etc free, and £5 pa in money. My two youngest daughters are to keep the bar by turns, and every night to set down the day’s takings in the sight of Thomas Hallom. This book is to be properly kept for as long as the house remains a tavern, so that the income and expenditure may be calculated to avoid deceit and distrust (if necessary). If any of my daughters marry (with the consent of my overseers) their portions are to be paid at marriage. She who remains longest in the house is to have her portion when Thomas Hollom comes out of his years ... BUT if he and she fancy one another, they are to marry and her portion is to be put towards the maintenance of the trade (see Note). Half of the stock of my two youngest sons is to remain in Thomas's hands, he allowing 20 nobles [£6 13s 4d] per £100 and giving them or my overseers adequate security for the money etc to be paid at age 21. The other half is to be invested for their benefit by the advice of my overseers. My son William, being now 16, is to be apprenticed to some good merchant of London or other tradesman by the advice of my overseers. £40 is to be given with him to his Master, £20 out of his own stock and £20 out of my goods. He is to be supplied with double apparel. All this is to be done within three months after my death to avoid problems of mastership in my house when I am gone. Re my lease of the tavern, if Thomas and one of my daughters marry they are to enjoy the remaining years -- about five or six after he comes out of his years -- paying annually to my son Robert (over and above the rent to Mr Huffs) as much as they two can agree on. My overseers are to be umpires in the matter, chiefly my friend Mr Grier. The gallery, the chambers, that floor and the cocklofts over it, the kitchen, the Lorther? and the little cellar are not to be sold off, but are to remain for the use of my son Robert (if he should leave the University) to entertain his sisters if they should marry [or his other purposes]. All areas are to have free passage in the woodyard, garden and house of office [privy] My son Robert is not to meddle with selling or trusting of wine, nor with anything in the house, but is to be entertained as a brother for mealtimes etc or to take physic in sickness. If he should call for wine etc with his friends and acquaintances, he is to pay for it at the time or sign for it to be deducted from his share. My intention is that [the house is to be governed by] my three daughters and my servant Thomas, whom I have always found faithful to me. The better to reward his virtue and give him more encouragement I give him £20, to be paid when he comes out of his years. For his better allowance in the University my son Robert is to be paid 50s quarterly and 20s to buy necessaries out of the profit of selling wine until Thomas comes out of his years, besides the interest of his stock. If he dies before he graduates Bachelor, his reasonable apparel and the expense of that degree is to be paid out of my goods, with the advice of Mr T___ [No, the ed doesn't understand that either.] Nicholas is to be kept at school at Bourton until age 15, his board and apparel being paid for out of the profit of selling wine. John is to be kept half a year at school (if my overseers and his siblings think fit), then apprenticed. £30 is to be given with him, £10 out of his own stock and £20 out of the profit of selling wine. Within 24 hours after my funeral all the wines are to be filled up, and and a recking made of the number of tuns of Gascoyne wine (at £25 per tun) and the number of butts and pipes of sweet wines (at £20 per ceece?), both sums set down in a book. The next day lists of debts owing to me in the debt-book, good debts and desperate debts listed separately, are also to be set down. The ordinary plate used for drink in the tavern is to be weighed and valued, the bonds and bills in my study are to be looked over and set down, in all of which the opinion of Mr Gryer is to be sought. Account with any merchant with whom I dealt, and list my debts soon as possible. Take an inventory of all the utensils in my house, letting them be appraised in that use with the advice of my overseers. Any money remaining in cash, more than immediately necessary to pay my debts or buy wine, is to be invested. Commission 21 Oct 1622 to Robert Davenett and Jane Hallom als Davenett, children of the deceased, to administer his goods etc according to his Will, no Executor having been named ...
As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible.
T: Joh'is Davenett nup' Maioris Civi't's Oxon def' It hathe pleased god to afflict me these 4 moneths rather with a paine then a sickenes, w'ch I acknowledge a gentle Correction for my former sinnes in having soe a faire a time to repent, my paines rather daily encrea= sing then otherwise And for soe much as many wise men are suddenly overtaken by death by procrastinateing of their matters Concerning the settling of their estates, I thincke it fitt though mine be of noe great value) Considering the many Children I have and the mother dead w'ch would guide them, as well for the quietnes of my owne mind when I shall depart this life, as to settle a future amity and love among them that there may be noe strife in the division of those blessings w'ch God hath lent me) to set downe my mind in the nature of my laste will and testament both for the disposeing of the same, as also how I would have them order themselves after my decease Till it shall please god to order and direct them to other Courses ffirst I Committ my soule to almighty god hopeing by my Redeemer Christ Jesus to have remission of my sinnes my body I Committ to the earth to be buryed in the p'ish of St Martin’s in Oxford as nere my wife as the plan will give leave where shee lyeth ffor my ffuneralls and obsequies (if I dye in the yeare of my marolty) I desire should be in comely manner, neither affecting pomp nor to much sparing leaveing the same to my executors discretion whom I name to be as followeth hartily desiring the five following whom I name to be my Overseers to take paines not only in that but also in any other matter of advice to my Children concerning the setling of their estates w'ch five are these: Alderman Harris Alderman Wright Mr John Bird Mr William Gryer Mr Thomas Davis. Item I will that my debts be paid by my Executors w'ch I owe either by bond bill or booke, w'ch I have made w'thin the Compasse of this 2 yeares Item I give and bequeath unto my 3 daughters Elizabeth Jane and Alice two hundred pound a peece to be payed out of my estate within one yeare after my buriall Item I give to my 4 sonnes one hundred ffiftie pound apiece to be payd them w'thin a yeare after my buriall Item I give to my sonne Nicholas my house at the White beare? in Dettford w'ch is let to Mr Haines Schoolmaster of Marchant tailers schoole. Item I give to my sonne Robert my seale Ring Item my Will is that my household stuffe and plate be sold to the best value within the Compasse of a yeare excepting such necessaryes as my Executors and Overseers shall thinck fitt for the furnishing of my house, to goe towarde the payment of my Childrens portions Item my will is that my house shalbe kept still as a Taverne, and supplied with wines continually for the bringing up and entertainment of my Children untill such time as Thomas Hallom my servant Comes out of his yeares and the yearly profitt thereof (necessary expence of Rent reparac'on and housekeeping being deducted) to retorne at the time of his Comeing forth of his yeares to my seven Children in equall portions together w'th the stocke in the seller and debts or to the survivors, if any happen to dye in the meane time. And that this may be the better effected according to my Will and intent, I will that my servant Thomas have the managing thereof duringe his apprentishipp and that he shall give a true account of his dealing unto my Executors and Overseers 4 times in the yeare Also that George be kept here still in the house till his yeares come forth at w'ch time my Will is that he be made free of the Marchant tailers in London & have ffive pound given him when he Comes out of his yeares And to the intent that this my devise of keeping my house as Taverne for the better releefe of my Children may take? the better affect according to my meaning. In Considerac'on that my 3 daughters being maidens Can hardly rule a thing of such consequence, my will is that my sister Hatton if it stand with her good liking) may Come w'th her youngest sonne and lye and table at my house w'th my Children till Thomas Hallom comes out of his yeares for the better comfort and countenancing of my 3 daughters and to have her said dyett free and five pound a yeare in money, knowing her to have bin alwaies to me and my wife loving iust and kind Alsoe my Will is that twoe of my youngest daughters doe keepe the barre by turnes and sett downe every night under her hand the daye’s taking in the veiwe? of Thomas Hallom my servant and that this booke be orderly kept for soe long time as they shall thus sustaine the house as a Taverne (that if need be) for avoyding of deceits and distrust there may be a Calculation made of the receites and disbursements Now if any of my daughters marry w'th the Consent of my Overseers that her porcion be presently paid her and shee that remaineth longest in the house either to have her porcion when Thomas Hollom Comes out of his yeares or if he and shee can fancy one an other, my Will is that they marry together and her porcion to be divided by itselfe towarde the maintenance of the trade and the one halfe of my 2 youngeste sonnes stocke shalbe in his the said Thomas his hande payeinge or allowing after twenty nobles p[er] hundred giving my said 2 sonnes or my Overseers security sufficient for the same to be paid at their cominge to 21 yeares of age the other halfe to be putt forth for their best profitt by the advise of my Overseers My will is also that my sonne William being now arrived to 16 yeares of age shall be put to Prentice to some good marchant of London or other tradesman by the consent and advise of my overseers and that there be fforty pound given w'th him to his M[aste]r whereof 20li to be payd out of his owne stocke and 20li out of my goods and double apparrell, and that this be done w'thin the compasse of 3 moneths after my death ffor avoyding of In= convenience in my house for master shippe when I am gone, My Will is alsoe concerning the remainder of the yeares in my lease of my house the taverne, that if Thomas and any of my daughters doe marry together, that he and she shall enioy the remainder of the yeares be it 5 or 6 more or lesse after he comes out of his yeares, paying to my sonn Robert over and above the rent to Mr Huffs yearley soe much as they 2 shall agree uppon my Overseers being umpires betwixt them, whereof the cheefest in this office I wish to be my frend Mr Grier provided alwaies my meaning is that neither the gallery, nor Chambers, or that floore nor Cockelofts over nor kitchin, nor Lorther? nor little sellar be any part of the thing demised but those to remaine to the use of my sonne Robert if he should leave the universitie, to entertaine his sisters if they should marry &c yet both to have passage in the woodyard garden and house of office My will is alsoe that my sonne Robert shall not make nor meddle w'th selling or trusting of wyne nor with any thing in the house but have entertanement as a brother for meale tydes and the like or to take Phisicke in sicknes. Or if he should Call for Wine and the like w'th his friends and acquaintance that he presently pay for it or be sett downe uppon his name to answeare the same out of his part my meaning being that the governe= ment shall consist in my 3 daughters and in my servant Thomas whom I have alwaies found faithfull unto me, and to reward his vertue the better and putt him into more encouragement I give him twenty pound to be payd him when he Comes out of his yeares. Alsoe my will is that my sonne Robert for his better allowance in the uni= versity, have quarterly paid him ffifty shillings and twenty shillings to buy him necessaryes out of the provenew? of the profitt of wyne till Tho: Comes out of his yeares besides the allowance of the interest of his stocke and in the meanetime yf he dy before he goes out bacheler, his reasonable apparrell and expence of that degree to be payd out of my goods, provided alwaies if it be done w'th the advise of Mr T___ My will is that Nic: be kept at Schoole at Bourton till he be 15 years old, and his board and apparrell to be payd for out of the profit of selling of the Wyne, and for John my Will is he be kept halfe an yeare at Schoole if my overseers thinke good and his brothers and sisters, and after put to prentice and have thirty pound given w'th him xli out of his owne stocke and twenty pound out of the p'fitt of selling of wyne Alsoe my will is that w'thin 24 houres after my funerall the wynes of all sortes and Condic'ons be filled up, and reckon how many tunnes of Gascoyne wyne there is w'ch I would have rated at twenty five pound p[er] tunne, and how many Butts and pipes of sweet wynes there are which I would have rated at twentie pound p[er] ceece? both w'ch drawne into a sum'e are to to be sett downe in a booke Alsoe the nexte day after Schedules of the debts w'ch are owing me in the debt booke, the sperate by them selves and the despe= rate by them seles [sic], them alsoe sett downe, the ordinary plate to drincke in the taverne to be wayed and valued, the bonds and Bills in my Study to be looked over and sett downe, In all w'ch use? the opinion of Mr Gryer. / accompt w'th any marchant that I dealt? w'thall betimes, and aske? my debts w'th as much speede as may be, Lastly take an Inven= tory of all the utensells in my house and let them be praysed in that use the advise of my Overseers and what money shalbe in Caishe, more then shalbe needfull for the p'sent to pay my debts or buy wyne w'th let it be putt foorth to the best advantage. Vicesimo primo die mensis Octobris Anno Domini Millesimo sexcentesimo vicesimo secundo emanavit Commissio Roberto Davenett et Janae Hallom als Davenett liberis dicti defuncti Ad administrando bona iura et Credita dicti defuncti iuxta tenorem et effectum testamenti sive ultime voluntatis predict' defunct' eo quod nullum ____ in eodem nominaverit executorem de bene &c vigori Com'issionis als? in ea p'te emanat Jurat