11-0096-398_HewetOsborne_1600

In the name of God Amen; I HEWETT OSBORNE of Parsloes in the County of Essex, Esquire whole in body and of perfect memory thanks be to Almighty God therefore, remembering the frailty of this our flesh do constitute and ordain this to be my last will and testament in manner and form following: First I bequeath unto the Almighty maker of heaven and earth my most precious soul beseeching him for his own dear son’s bloodshed to take pity upon my faults committed and look upon my Saviour’s death and my sins both at once that that which he hath bought for me and that which I have strived for though weakly may not for my body’s offences be taken from me.  My body to be buried or not at the place time shall afford where the Lord shall call me; and for my goods and chattels this I publish and declare to be my last will and testament; that whereas I have two several stocks going or adventuring into Turkey which if it shall please the Lord to bless them will advance unto fifteen hundred pounds my will and meaning is that the Lord sending them in safety into England within two years after their arrival my executors or the survivors or survivor of them shall with the same money buy one hundred pounds by the year of good land of inheritance in my son EDWARD OSBORNE’s name of which notwithstanding he shall not have and profit before he cometh to the age of one and twenty years; but the use and profit thereof I do give and bequeath unto my wife JOYCE OSBORNE until my son Edward come to the aforesaid age of one and twenty if she remain a widow so long and then she shall deliver the quiet possession use and profit thereof to my said son Edward and his heirs forever; and if my said son Edward shall die before the said land be purchased my will and meaning is that it shall be purchased in my son WILLIAM’s name and the possession thereof to be held by my wife as aforesaid and delivered to my son William when he comes to the age of one and twenty years; and further my will and meaning is that if my said stocks shall not be able to purchase one hundred pounds by years that then my wife shall pay so much out of those rents and profits she shall receive by bequest in this my last will and testament as shall purchase the said hundred pounds land by the year; provided always that if any one of the said stocks shall happen to be cast away or not to return to this realm that my executors shall not be bound to purchase the said lands nor my wife to make up the said money wanting but I will they shall employ or take bond for the rest of the money remaining in the same sort as by this my last will and testament I shall appoint the rest of my goods and chattels to be ordered and employed; also I will and bequeath unto my said wife Joyce Osborne for and during her widowhood such term of years as are yet unexpired in two several leases the one of Claston the other of Thorpe Parkes in the county of Essex withal the profits and commodities thereof, and of all my goods and chattels my will and meaning is that my loving brothers ROBERT OFFLIE of London, haberdasher and EDWARD OSBORNE of the Inner Temple gent shall themselves in person with the help of two other whom they shall think good praise them and according to the praising shall take bond of my said wife that before her marriage or betrothing to any person she shall deliver the same goods or the value thereof as it is praised by them unto my said brothers to be disposed as I hereafter shall limit; which if she shall refuse to do my will and meaning is that they shall hold the said goods to be employed by them as I hereafter shall limit; and likewise that it shall be lawful for the said Robert Offly and Edward Osborne or any of them to enter into any of my grounds or houses to fetch drive and carry away the said goods and chattels if my said wife shall not enter into the aforesaid bond; and further my will and meaning is that if my said goods and chattels come to the hands of my said brothers that they shall keep the same till my son Edward comes to the age of one and twenty years and then shall deliver unto him the said goods.  And if he shall happen to die before the said time my will and meaning is that then my said brothers shall deliver the same to my son William when he comes to one and twenty years of age; and if he shall happen to die before he comes to that age that then my daughter ALICE shall have the same goods and chattels at the day of her marriage; but if she die before she marry my will and mind is my said brothers shall have them to their own proper uses.  And as concerning my lands and tenements which it has pleased God to bestow upon me I do constitute and ordain this to be may last will and testament in manner and form following:  First I will and bequeath to my wife Joyce Osborne all those pastures called [Cotam Closes] in the county of Nottingham for and during her natural life.  ITEM; I will and bequeath to my son Edward Osborne and his heirs forever all those my manors or capital granges of Bilby and Randby in the aforesaid [county] of Nottingham being the full third part of all my lands and tenements which I have in possession and in fee simple.  ITEM; I will and bequeath to my wife Joyce Osborne for and during the term that my son Edward Osborne comes to the age of one and twenty years or if he dies before that time till my son William comes to the age of one and twenty years if my wife shall remain a widow so long those lands and tenements following; it is to say: my manors of Harthill Woodhall and Keeton my capitals messuage of Wales Wood with all the lands thereunto belonging with the profits of my coal pit all my freehold lands and customary lands in Wales and Wales Wood in the County of York all my lands in [Kindonashe] in the county of Derby with my farm called Woodseth in the county of York with all my lands and tenements not otherwise by this my last will and testament in the counties of York Derby and Nottingham.  Also I will and bequeath to her my said wife during her widowhood my rent charge of sixteen pounds by the year issuing out of Burton in the county of Nottingham being sometimes the inheritance of Hercy Nevill Esquire deceased.  ITEM; I give and bequeath for and during her widowhood all my manor or Parsloes in the county of Essex as also all my freehold lands in the said county either in possession or in reversion.  ITEM; I give and bequeath to my wife during her widowhood all those my houses and tenements which are to descend unto me after the death of my mother in law the Lady OSBONE wife unto master Baron CLARKE lying within the City of London that is to say one tenement in Philpott Lane in the tenure of Robert Bringeborne which tenement by the laws of this land it should have descended to me and not to have been sold with the great house thereunto adjoining by my father’s will is commanded to be sold; I will my wife shall have as aforesaid and also four tenements in Saint Margaret Pattens London late in the inheritance of EDWARD OSBORNE Knight deceased provided always that if my said wife Joyce Osborne do marry or betroth herself my will and meaning is that presently after such marriage or betrothing herself all these lands and tenements to her given by this present will either during the minority of my two sons if she remain a widow or during the whole time of her widowhood shall remain and go unto my loving brothers Robert Offly and Edward Osborne or the survivor of them until such time as my son Edward Osborne shall come to the age of one and twenty years; and if he shall happen to die before he come to the age of one and twenty years the profits and rents to be received thereof by my said brethren or the survivor of them to be bestowed to the best advantage of my two sons as their judgements and consciences shall best direct them reserving unto themselves yearly so long as they shall hold them for the pains and care of my children fourscore pounds; and if both my sons shall die before the come to the age of one and twenty years then I give all my aforesaid lands and tenements bequeathed unto my wife during the minority of my children if she remain a widow unto my brother Edward Osborne and to the heirs males of his body lawful; and for want of such issue to my daughter Alice and her heirs forever.  ITEM; I give free power and authority unto my wife Joyce Osborne during her widowhood to make leases for one and twenty years reserving the old rent of all and singular my lands and tenements in Harthill and Woodhall in the county of York which shall be fully expired and out of lease between the day of my death and the year of our Lord God one thousand six hundred and seven; all which money with the profit thereof I will and to be given to my daughter Alice either on the day of her marriage or when she comes to one and twenty years; and if she shall die before she marry or come to the aforesaid age my will and meaning is that my son Edward shall have the same and to my son William if he die; and further if my wife shall happen to die or marry before the said leases made my will and meaning is that my said brethren or the survivor of them shall have like power and authority to make the said leases and the money coming of them to be given to my said daughter as aforesaid.  ITEM; my will and mind is that there shall be paid to my son William when he comes to eighteen years of age during his natural life one rent charged or limited out of my manor at Keeton [Kiveton] in the county of York of forty pounds by the year and for not payment thereof I will that my son William and his assigns shall have full power and authority to enter and to distrain and the distresses to keep until such time as he shall be fully satisfied of the said rent and the arrearages thereof and also of five pounds above the rent and the arrearages for him and his assigns charges of riding into the said county to distrain.  Also I will that my cousin JOHN SADLER shall be satisfied of his annuity granted him by his father of twenty four pounds by the year; and also my aunt MELLOWES of her annuity of ten pounds by the year granted likewise by my father out of the lands and tenements granted to my wife during the minority of my sons if she remain a widow.  ITEM; I will and bequeath to my sister JANE OSBORNE two hundred pounds to be paid unto her on the day of her marriage if she do marry with the whole consent of her brother and sisters before the death of my mother in law the Lady Osborne but if she shall not marry till her decease my will and meaning she shall have only fifty pounds to buy her a charm to wear in remembrance of me because that after my said mother in law’s decease her portion will be very good.  Also I give and bequeath unto my two brothers Robert Offly and Edward Osborne fifty pounds apiece to be paid to them within two years after my decease; which I would entreat them to put in basins and ewers to keep forever in remembrance of me;  also I give and bequeath to my brother Edward Osborne fifty pounds to be paid unto him when he reads in any of the Inns of Chancery which shall be towards his charges of reading there.  Also I will and bequeath unto my loving sisters The Lady ALICE PAYTON of Iselham[1] and Mistress ANNE OFFLY ten pounds apiece to buy them diamonds to wear for my sake.  Also I give to my old servant Jeffrye Child for his good service done to me the sum of forty pounds to be paid unto him within three years after my decease; all which last recited legacies that is to say to my sister Jane two hundred pounds upon condition or fifty pounds absolute, my brother Robert Offly, my brother Edward Osborne fifty pounds apiece for basins and ewers, my brother Edward Osborne fifty pounds towards his charges of reading, my sister Payton, my sister Oflies ten pounds apiece for diamonds and Jeffrey Child forty pounds I will thay shall be paid out of my lands and tenements bequeathed to my wife during her widowhood and out of the profit of my coal pits without charging any of my other goods and chattels whatsoever; and further my will and meaning is that if any these legacies be unpaid after the time they ought to be paid that it shall be lawful for any of the aforesaid legators or their assigns to enter into any of the aforesaid lands and tenements bequeathed to my wife during her widowhood in whose possession soever the are to distrain for the said legacies and the charge they have been at concerning the same; and of this my lastr will and testament I make my executors my wife Joyce Osborne, my brother Robert Offly, my brother Edward Osborne heartily entreating them all that for the love they bear unto me they will see all these things performed according to my true meaning and intent; and for as much as I am ignorant in the laws either common or spiritual and many questions may arise in this my last will and testament being penned without any counsel my will and meaning is that if any question or doubt do arise concerning this my will that it shall be expounded and interpreted by my loving brothers Robert Offly and Edward Osborne or the survivor of them and in no court of law either common or spiritual and their interpretation to be held as my meaning for that in my lifetime I have made them privy to all the particularities of this my last will and testament; and whosoever shall not stand to their interpretation shall lose the benefit of this my last will and testament; and further I revoke all former wills whatsoever; and this I do publish and ordain to be my last will and testament which I desire in all things to be observed and kept.  In witness whereof I have set to my hand and seal the eight and twentieth day of March one thousand five hundred nine nine the one and fortieth year of her Majesty’s reign – Hewet Osborne – this was published and declared to be the last will and testament of Hewet Osborne and signed and sealed in the presence of us Richard Chesweighte (the mark of) John Phipps

Proved 20^th June 1600 by Joyce Osborne, Robert Offlye and Edward Osborne