The Romance of Wills and TestamentsVine Hall, Edgar
History
The Romance of Wills and Testaments
Vine Hall, Edgar
Wills -- Great Britain -- Miscellanea
The will of a sailor about to engage a pirate has been quoted, and
perhaps among sailors the nuncupative will was most prevalent. Often we
may catch a glimpse, particularly vivid, of the rough-and-ready life of
the British tar. “Memorandum that on or about the five and twentieth
day of February, 1683, (English style) John Jacques, late belonging
to the ship _St. Thomas_, (whereof Augustine Fincham is now master,)
bachelor, being of sound and perfect mind and memory, and with an
intent to make his last will and testament nuncupative, did utter and
declare these or the like words following, viz.: being asked by Mary
Anderson, his landlady, how she should be paid what was due to her, the
said deceased made answer, namely: ‘What I have I give to you as soon
as I am dead; do you go and administer and take my wages and that will
satisfy you.’”
Perhaps some novelist might weave his web round this landlady and her
lodger. Another sailor gives all to his landlady, one evidently who
knew how to please. “Memorandum that upon or about the month of October
in the year ... 1665, Richard Blackman, late of the parish of Stepney,
... mariner, deceased, ... made published and declared his last will
and testament nuncupatively or by word of mouth: ... ‘I give leave and
bequeath all and singular my goods chattels debts and estate whatsoever
unto my loving landlady Elizabeth Cooke, the wife of Thomas Cooke
mariner.’”
Witnesses to such wills frequently forgot the adage _de mortuis nil
nisi bonum_. They seem to add touches which are unnecessary and show
the deceased, even at such an hour, not in his most amiable light. But
we owe to them many a curious picture, many an amusing trait of human
nature. At this distance of time the coarser details are humorous
rather than distressing.
In the will of Edward Newby we are not let into any family secrets,
though curiosity is aroused. “Memorandum that on or about the three
and twentieth of March, 1683, (S.A.) Edward Newby late of the ship
called the _Grafton_ upon the seas, bachelor, being of perfect mind and
memory, did, with a serious intent to make his last will and testament
nuncupative, nuncupate utter and declare these or the like words, viz.:
‘If it should please God that I should do any otherwise than well on
shipboard I give all my wages, and whatsoever else belonging unto me,
unto my messmate, (meaning Thomas Foster), and I make him executor of
all that I have. And if it please God that I live to come on shore none
of my relations shall be one penny the better of what belongs to me.’”
Public-domain text, read in full here on John Shaqi.
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