I shall be much obliged if any correspondent can find out anything farther about the said "youth in Scotland?"
H. T. Ellacombe.
Clyst St. George.
P.S.—Why should not "N. & Q." be the publisher of any curious old wills, which might interest the general reader? Allow me to suggest a corner for Testamenta Vestusta. I will begin by sending a copy of the will of Francis Rous.
This my last Will and Testament, I, Francis Rous, Provost of Eaton College, wrote and made March 18th, 1657.
Forasmuch as to put houses in order before our departure is pleasing to the God of order, I do dispose of my affairs and estates in manner following:
There is a youth in Scotland concerning whom (because they call him my grandson) it is perchance expected that I should do some great matters for him; but his father marrying against my will and prohibition, and giving me an absolute discharge before the marriage under his hand, not to expect anything from me if he did marry contrary to my prohibition, I hold myself discharged from the father, and consequently from the son of that father, the son having no interest in me but by the father. And I hold it a good example, for the benefitt of the Commonwealth, that matters of discouragement should be put upon such marriages, being assured that their parents will not disinheritt or lessen them, especially if they have but one son, and that which Solomon saith is to be considered—an understanding servant shall have rule over a son that maketh ashamed, and both that[[1]], and his son, and his son in Scotland have both made ashamed, the one in his match, the other by a sad mischief of dangerous consequence and fatal; and though his mother is bound to maintain him, yet because I wish he might be a useful member of Christ and the Commonwealth, towards which I think she is not well able to give him an answerable education, I have in this my will taken course for a competent maintenance for him towards a profession, and in it utterly abhorring to give him an estate, as the heir of idleness. Wherefore to the fore-mentioned purpose, I desire my executor to give him 50l. a year, so long as he shall be in preparation towards a profession, or shall really and seriously be in the practice of it; and as many of my books as may be fitt for him in the profession he shall undertake, and shall not be given to Pembroke College, I desire my executor to give unto him: but if he, or a guardian, or any other, shall sue or implead, or call my executor into question to his trouble or cost, I leave it to my executor's choice whether he will pay his maintenance of 50l. per annum, or any part of it.
I give to Mr. Ellford, my pastor at Acton, 20l. I give 5l. per annum for ever to be disposed of in buying Bibles, catechisms, or for encouraging poor children to learn to read and answer in catechising in the parish of Dittisham, in the county of Devon, the place of my nativity and baptism, which sum shall be bestowed according to the direction of the minister there for the time being; and to the present minister I give 20l. I give to the poor of Acton each five shillings; I give to the poor of Westminster, Kensington, Knightsbridge, half a year's rent of that which they used to receive. I give Mr. Bartlett of Windsor 20l. I appoint 100l. to be lent to my nephew William Rous, which he must pay by 10l. a year to my nephew Richard Rous, his son. I give Thomas Rous, of King's College, 6l. for two years. I give Eliz. Rous, of Penrose in Cornwall, 20l. I give Anthony Rous at Eaton School, 5l. a year for seven years. I give to my niece Rudyard, and her sisters Skelton and Dorothy, each 20l. I give to Margaret Baker 10l. I give to a poor Xtian woman in Dartmouth, Mrs. Adams, 10l. To Robert Needler I give a black suit and cloak; the like to William Grantham and 10l. To my niece Portman, now in my house, I give 50l. To my other friends of more ability, I leave it to my executor to give such memorials as he shall think fitt. To the poor of Eaton I give 20l. To each of my servants that are with me at any decease I give black suits and 5l.; and to Peter Fluellen, who is now endeavouring to get a place of removal, 10l. I give to Thomas Rolle of Eaton, and Robert Yard, each 10l. I give to Christian, now the wife of Mr. Johnson, 20l. I give to the young Winnington of Eaton, 10l. I give 40l. per annum out of the Parsonage or Tythe of Great Brookeham in Surrey, to maintain two schollars in Pembroke College in Oxford. I also give 20l. per annum unto one schollar more in the same college, out of a tenement in the Manor of Wootton in Cornwall, during two lives of two Bigfords, and after their decease out of a tenement of mine in Cowkberry, in Devon, for ever. The scholars to be chosen are to be poor, not having 10l. a year, apt to learning, and to be of the posterity of myself or my brother Robert, Richard, or Arthur Rous, or of my sister Nicholl, or my sister Upton; and if no such shall be tendered, then they are to be chosen out of the two highest forms in Eaton College. I give power to my executor to choose them during his life, and desire him, with the advice of my dear kinsman, Mr. Ambrose Upton, Prebend of Xt Church in Oxford, to settle and order all things for the sure and usefull continuance of their allowances to schollars so qualified as before and of good conversation, and that they study divinity, and some time before they be Batchelors of Arts, they make good proof of their studying divinity, and that they continued in their several places but seven years, and then others to be chosen in their rooms. What shall be above 40l. per annum arising out of the tythe of Brookham declaro, and above all rates and taxes, I give unto the minister of that parish; and I give the parsonage to my respected kinsman Samuel Rous, Esq., of that parish, yet so, that if he die before my executor, my executor shall present during his life, and after it shall go to the heirs of the said Samuel Rous, it being to be hoped that their dwelling be there they will be carefull for their own souls. I do make and constitute my dear kinsman Anthony Rous, Esq., of Wootton, in the county of Cornwall, commonly called or known by the name of Colonel Rous, to be my whole and sole executor. And I give and bequeath to him all my lands, tenements, my interest in the parsonage of Great Brookham in Surrey, all my leases, chattels, plate, money, and other goodly whatsoever, as also my copyholds, which shall, according to custom, be made over to him in Acton or Branford, hoping that he will faithfully dispose them according to my will and intention made known to him; and I give him 100l., and lend him 200l. more for seven years, which he may bestow in defence of himself as to law suits, if any be brought as concerning my estate, or if there shall be none to bestow, in some charitable use as he shall think fitt. I desire my body may be interred and put to rest in the chapple of Eaton College, a place that hath my dear affections and prayers that it may be a flouring nursery of piety and learning to the end of the world. And for a profession of any faith, I refer myself to the works which I not long since published in one volume, wherein I have professed a right and saving faith, and hope to continue therein until faith shall be swallowed up of sight, laying hold of the free grace of God in his beloved Son as my only title to eternity, being confident that his free grace, which took me up lying in the blood of irregeneration, will wash away the guilt of that estate, and all the cursed fruits of it by the pretious blood of his Son, and will wash away the filth of it by the spirit of his Son, and so present me faultless before the presence of God's glory with joy.
(Signed) Francis Rous.
The Right Honorable Francis Rous, Esq., acknowledged this to be his last will and testament, the 12th day of April, 1658[[2]], in the presence of me, Abel Borsett, endorsed, upon a paper wherein the original will was folded and sealed up, thus, viz., "My last will, attested by Mr. Humphreys and Mr. Borsett."
This will was proved at London the 10th day of February, in the year of our Lord God 1658, before the judges for probate of wills and granting administrations lawfully authorised, by the oath of Collonell Anthony Rouse, Esq., the sole and only executor named in the said will, to whom administration of all and singular the goods, chattels, and debts of the said deceased was granted and committed.
Footnote 1:[(return)]
This appears to be an error.
It should doubtless be 1657.