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Will of Garbrand HARCKS of Oxford Will 5 Aug 1592   Probate 3 May 1596
Source: TNA no. PROB11/87 Contributed by: Jillian Hedges Go to Translation Go to Transcript
Summary.
... I Garbrand Harcks of Oxford University ... bookseller, full of years ... Name Relationship [Comments] or Major Bequests Garbrand HARCKS   Oxford Avis HARCKS Sister [no surname given] Richard HARCKS Son (Exec) unnamed Granddaughters - LANGFORD Daughter [see Note] Amy HARCKS Daughter [no surname given - see Note] Martha HARCKS Daughter [no surname given - see Note] Elizabeth HARCKS Daughter [no surname given - see Note] Anne PAYNTER Daughter (Exec) Judith PARSONS Daughter Mr PARSONS Mention [father-in-law of Judith] Dr CHIPPINGDALE Son-in-law Arbitrator Dr CHALLENOR Son-in-law - HOLLOWAYE Son-in-law William PAYNTER Legatee [see Note] John PAYNTER Mention - HARRYS Legatee unnamed Godchildren Joseph - Legatee Servant Lancelot - Legatee Servant Margaret HOUSE Legatee Servant [see Note] Sir? HAILES Legatee [see Note] Mr DENTON Seller of property Dr John LORD Arbitrator Mr WILLIAMS Lessor Oxford St Thomas Mr HACKETT Mention Richard DAVYES Mention George DALE Witness William LETHE Witness Richard DOD Witness Probate 3 May 1596 London (PCC) ... Alexander Searle representing Richard Herckes, son, and Anne Paynter, daughter, the Executors ...
Transcriber's and Editor's Notes
He was a Dutch Protestant. Googling "Buckley Hall Oxford" produces quite a lot of information about him and his house in The High. Though he was clearly an educated man, his will is rather "stream of consciousness", and parts are hard to understand. For important sections, the editor would prefer that users study the full transcript. The clause re "Sir? Hailes and woodland children that now be" is obscure -- is "woodland" a surname? He describes his granddaughters as "my maydens" -- so is "my mayden Margaret House" a granddaughter or a servant-maid? Probably a maid. All five (or six) daughters appear to be married, but the pairings remain a mystery, except that Anne is PAYNTER (but with two possible husbands -- William seems more likely) and Judith's father-in-law is PARSONS. The others are (presumably) CHIPPINGDALE, CHALLENOR, LANGFORD and/or HOLLOWAYE, which is why Margaret HOUSE is more likely to be a servant. The following details are believed to be true but should not be totally relied upon: Testator: Grandfather of John HARKES als GARBRAND (1616 qv) -- or so Google says.
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... I Garbrand Harcks of Oxford University ... bookseller, full of years ... I wish my body to be laid between my wife and son if the space is available. I give all my godchildren who will claim it (and can prove their right) 2s 6d apiece. To the two prisons, Bocardo and the Castle, 5s each within eight days after my burial. To the poor of the parishes 40s, to be distributed where most needed within 14 days. To Joseph and Lanncelot 10s apiece as a simple token of their faithful service. To my maiden Margaret House 20s. To "Sir? Hailes and woodland children that now be" 10s each at the times of their marriages, and I forgive such debts as they owe me [see Note] I give my sister Avis for life the rents of the land bought from Mr Denton, amounting to about £6 5s pa, with half a year's rent after her decease to those who were good to her in her life-time. I give the reversion of [the property] to my son Richard for the education of his children, and to his heirs forever. I have already given my granddaughters £10 each, which is in their parents' hands to be invested towards the preferment of their marriage. Their parents are to be careful and faithful that the children are not cheated out of my bequest. I give 20s to him who makes my funeral sermon (maybe I shall name one if God gives me time). I give my Landlords of Oriel College 20s towards the amendment of one day's Commons. I give my son Richard and my daughters Amye, Martha, Elizabeth, Anne and Judith all my moveable goods, household stuff, plate, money and debts owing equally divided, my own debts, legacies and funeral charges being first deducted. For that purpose my house is to be tidied by them all for one month after my decease at their equal expense, all having free access in that time. I charge them all before God that they keep love and amity amongst them, and do not fall out over anything in this will. Herein I have dealt according to the use of my own country, as I have always purposed and spoken I appoint Dr John Lord and my son Dr Chippingdale to decide any arguments. My son Richard is to have preference to buy all such bedsteads, tables, forms, chests, cupboards and presses as may be necessary for the rooms they stand in. I request my daughters and their husbands to deal favourably with him in the price of their shares thereof. I have already given money for their portions to my son-in-law Dr Challenor and my daughter, his wife. Now I also give them my square salt with the cover and my silver-gilt casting? bottle, requesting them to be content with that, for their portion is not the smallest. I give the patronage of the parsonage of BKM Crawley to my son and daughters and their heirs, wishing that one of them may buy out the others, or else that they sell or dispose of it at their pleasure. My man Harrys may use the cellar and have his ease in my house, as he has done in my time, for one half year after my decease, if he agrees to paying £100 which he owes me in money or good wines, and also £5 every three months for the use of my cellar and ease of my house. I give my daughters Amy, Elizabeth and Anne and their heirs all my lands and tenements in Woodstock and Hensington, equally divided. I give my son Richard and my daughter Judith and their heirs all my lands and tenements in Wheatley, equally divided. But Judith is to have the use and profits of the Wheatley lands as long as she and her father-in-law Mr Parsons live (unless she is otherwise provided for), she paying my son Richard £10 pa while she occupies [it]. I give my daughter Langford £120 besides my other legacies to her. I give my son Richard my leases etc of my dwelling-house and the shop, held from Oriel College (except the half year for Harrys and the one month for repair and housekeeping by my children as above.) I give my son Richard all my glass, wainscot and hangings throughout my house, all the locks and keys to the doors, my lease which I hold from Mr Williams in St Thomas parish, all my old parchment books and other books on sale in my shop and above in my house, all my presses, parchment and tools. Because my son Richard and William Painter will have trouble and costs in recovering some debts owing to me, I give each of them 40s for their pains and one twentieth part of all such debts as they are forced to recover by law-suit, plus their expenses, equally divided. They may keep three quarters of those debts, and account for the rest to my other children to whom I have bequeathed [it]. I ask my son Richard to allow my son Hollowaye and his wife to use the stable and garden adjoining their house during their lives for a reasonable rent. At the last presentation of Crowley parsonage some hard dealing was used in removing or selling some things which were left as standards by former incumbents. My son Paynter is to have £10 to redeem some things of that value from Mr Hackett, especially in the study and other convenient places, which are never to be removed by any incumbent or his executors but to remaine there as standards forever. I also ask my son Richard, so that god may prosper him and continue his gracious favour to the house, that Fridays benevolence to the poor may continue regardless of the price of corn, for there is a Reward annexed Date & dabitur vobis: beati misericordes boni? dat pauperis non eorbit Sidley Close is not to be neglected, because my interest is considered good by everyone of whom we have asked counsel, and has cost me a lot of money -- as Mr John Paynter can witness. Do not let it be lost. The lease is in Mr Richard Davyes keeping, and I give the interest to my Executors. I make my daughter Anne Paynter and my son Richard my executors. Witnesses George Dale; Willm Lethe; Richard Dod Probate 3 May 1596 London (PCC) ... Alexander Searle representing Richard Herckes, son, and Anne Paynter, daughter, the Executors ...
As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible.
T: Garbrand Harcks Anno 1592 v'o Augusti In Dei nomine Amen I Garbrand Harcks of the universitie of Oxford bookeseller full of yeres yet of good and perfect remembrannce (god be praysed therfore) make this my last will and testament revoking all others and none other to take place or to stand in any effect. ffirst of all I Committ my soule into the handes of Almightie god beseeching his infinite goodnes even for Jesus Xpistes sakie my only Savyoure and Redemer to receyve the same into his everlasting protection And I wishe my bodye to be layed betwene my wife and Sonne yf the place may serve els where yt shall be thoughte most fitt by my overseers Touching that smale portion that god endewed me withall I give and bequeathe in manner folowing ffirst I give to all my godchildren that will clayme yt and can make proofe therof twoe shillings sixe pence a peece To the twoe prisons Bocardo? and the Castle to eche fyve shillinges w'thin eighte dayes of my Buryall. To the poore of the parishes and cheifely where most neede ys in all fortie shillinges within fourteene dayes to be Distributed. To Joseph and Lanncelot Tenne shillings a peece a simple token of theire faithfull service. To my mayden Margaret House twentie shillinges. To S'r Hailes and woodland children that nowe be to every one of them ten shillings at the tyme of theire severall marriages Allso I forgive them suche debts as they do owe me Item I do give to my Sister Avis the whole Rentes of the Landes that I had of Mr Denton which amounteth to the value of six poundes fyve shillings by the yere or theraboutes she to enioye the same during her life with halfe a yeres Rent after her Decease to satisfie all men or to be beneficiall to them that have done her good in her life tyme The Reverc'on of all this my saied Land in fee (this tyme accomplished) I give to my sonne Richard for the better education of his children and to his heires for ever. I have allready bestowed uppon my younge maydens (that is my childrens Daughters) to each of them tenne poundes which is in theire parents handes to ymploye the same to the best advanntage and encrease that may be towardes the preferm't of theire marriage (yf god so appoynte) Herein I do require every one of theire parents to be carefull and faithfull that herein the children by no meanes be Deceyved in this my bequest. It'm that he that maketh the ffunerall sermon I do give twentie shillings (yt may be I shall name one yf god give me tyme) for that purpose. Item I bequeathe to my Landlords of Oriall Colledge towards the amendment of one Dayes Commons twentie shillings. Item I give and bequeathe unto my sonne Richard and unto my Daughters Amye Martha Elizabeth Anne and Judith all my moveable goods houshouldstuffe plate money and Debt my owne Debtes w'ch I do owe and the Legaceys bequeathed in this my testament and the chardges of my ffunerall first Deducted to be equallie Devided amongest them. And for that intent I will my house to be orderly kept by them by the space of one moneth next after my Decease at theire equal chardges and every one of my children to have free accesse in that house during that tyme Chardging them all before thalmightie that they keepe love and Amitye amongest them and not to grudge or fall out for any thinge in this my testament herein I have Dealt according to the use of my own Cuntrye as ever I have purposed and spoken. And I appoynt Mr Dr John Lord and my sonne Doctor Chippingdale for decyding of all Doubtes abowte this my testament, And I will all my children to stand to theire Determinac'on for that I assure my selfe that in ye feare of god they will iudge all questions uprightely. Provided allwayes that my sonne Richard shall have my preferrement to buye for his money all suche Bedsteds Tables formes chistes Cupbords and presses which may be necessarye for the roomes they stand in. And I request my sayed Daughters that is to saye Amy Martha Elizabeth Anne and Judith and theire husbands to deale favourably with my sayed sonne Richard in the price of theire partes therof. And touching my sonne in lawe Mr Doctor Challenor and my daughter his wife I have allready delivered them money for theire porc'ons Howbeyt I give and bequeathe them moreover my square salt with the Cover and my Casting? bottle of silver and guilte requesting them to be freindly content with that I have done for theire porc'on ys not the leaste And I give and bequeathe the Patronage of the parsonage of Crawley in the Countie of Buckingham unto my sonne Richard and to my Daughters Amy Martha Elizabeth Anne and Judithy and to theire heires wishing that some one of them buy the others parte or otherwise to sell the same or to Dispose therof at theire pleasure. Item I will that my man Harrys shall use the Sellar and have his ease in my house as he hath done in my tyme for the space of one halfe yere after my decease except he be agreed withall according to equitye in paying to me a hundred pounds which he oweth me in money or good wynes. And allso the considerac'on that is every three monethes fyve poundes for the use of my sellar and ease of my house. Item I give and bequeathe unto my daughters Amy Elizabeth and Anne and to theire heires all my Landes and tenements in Woodstocke and Hensinton to be equally Devided amongest them. Item I bequeathe unto my sonne Richard and Judith my daughter and to theire heires all my Landes and tenementes in Whatly to be equallie Devided betwixt them Provided allwayes that my sayed Daughter shall have the use and profittes of the same Landes in Whatly so longe as her father in lawe Mr Parsons and she do live (yf she be not otherwise provided for) she paying unto my sonne Richard tenne poundes yerely during such tyme as she occupyeth the whole after my Decease. Item I give unto my Daughter Langford sixe score poundes in money over and besides other Legaceys bequeathed in this my testament unto her. Item I do give and bequeathe unto my sonne Richard my Leases and interest bothe of my Dwelling house and the shoppe which I hould of Oriall Colledge (except the halfe yere for Harrys and the space of one moneth for the repaire and housekeeping of my sayed children as ys aforesayed) Item I bequeathe unto my sonne Richard all my glasse waynskott and hangings thoroughout my house with all lockes and keys to the Dores and allso my Lease and interest which I hould of Mr Williams in Saint Thomas parishe and all my old parchment bookes and all other my bookes whatsoever to be sould in my shoppe and above in my house all my presses parchment and tooles. And for that my sonne Richard and Will'm Painter shall have truble and chardge in recovering of some Debtes owing unto me I give and bequeathe to either of them fortie shillinges for theire paynes and the twentith parte of all suche Debtes as they shalbe Dryven to recover by sute of Lawe over and above theire chardges and expenses, which twentith p'te I will to be equallie devided betwene them over and above three partes of the same Debtes before by me bequeathed unto them and to be accomptable of the rest unto my sayed children to whome I have bequeathed the same. Item I request my sonne Richard that he make some Demise unto my sonne Hollowaye and his wife for the stable and garden adioyning to theire house during theire lives for a reasonable rent for that he may requyte his curtesey by many other wayes otherwise. Item forasmuch as at the last presentac'on of Crowley parsonage some harde dealing was used in taking awaye or selling some thinges which were left as Standards by some former Incombents there I will and bequeathe that my sonne Paynter shall have tenne poundes delivered hym to redeeme some things of Mr Hackett to that value by sufficient wryting betwixt them and especially aboute the study and other places most convenyent the same never to be removed by any Incombent or his executors but to remayne there as Standards for ever. An other petic'on which I would have performed of my Sonne Richard that god may prosper hym the better and contynewe his gracious favoure unto the house that the frydayes benevolence to the poore may be used still for no regard to be left of Corne beying never? so deare for there is a Reward annexed Date & dabitur vobis: beati misericordes boni? dat pauperis non eorbit Sidley close ys not to be neglected for that my Interest by all mens Judgements that we have asked counsaile of was adiudged to be good and hath cost me a greate somme of money Mr John Paynter can be wytnesse. Considder hereof and let yt not be loste. The Lease ys in Mr Richard Davyes keeping? The Interest therof I do give unto my Executors of this my testament. And I do ordeyne and make Anne Paynter my daughter and my sonne Richard sole executors of this my last will & testament In witnes wherof to thjis my testament I have put my hand and seale the first daye of August in the fower and thirtith yere of the Raigne of oure soveraigne Ladye Elizabeth Quene &c: By me Garbrand Harcks I have prayed theise to be witnesses George Dale Willm Lethe Richard Dod Probatum fuit Testamentum suprascriptum apud London coram venerabili viro Magistro Will'mo Lewin legum Doctore Curie Prerogative Cant' Magistro custode sive Commissario &c tertio die mensis Maij Anno Domini millesimo quingen'o nonagesimo sexto Juramento Alexandri Searle Notarij pub: procuratoris Rich'i Herckes filij et Anne Paynter filie dicti Defuncti executoru' in h'mo'i testamento nominat' Quibus commissa fuit Administrac'o' bonorum Jurium et creditoru' dicti Defuncti de bene et fideliter Administrand' &c ad sancta dei Evangelia Jurat.