James Atherton

     James was born in Lancashire, England. James married Ann (?) circa 1575 probably in Wigan at All Saints Church. James and Ann had a son, Richard [circa 1576-1638] [m. Elline]. James's wife, Ann, died, leaving him a widower. James made his will on 16 October 1606.

In the name of God Amen the sixteenth day of October in the year of our Lord God One Thousand six hundred and six and in the years of the reign of our most gracious Sovereign Lord James by the Grace of God, King of England & France and Ireland Defender of the faith and the fourth? Of Scotland and the fourteenth?
I James Atherton of Billinge within the pishe (parish) of Wigan in the Countie of Lancaster Husbandman sicke in body but whole in mind and of good p’fect memory praise be unto Almighty God for the same,doe declare and make this my last Will and Testament in manner and form following this.
First I commend my soule unto Almighty God my Saviour and Redeemer, trusting only by his blessed death and passion that my soule shall be saved and my body to be buried in christen burial at the Chappell of Upholland within my said pishe of Wigan, and as concerning all such goods and chattels and Cattell’s as Almighty hath given and bestowed upon me, my will and mind is.
That all the same immediately after my decease shall be divided into three equal parts the first part therefore, I reserve to myself the second part therefore I give to Elizabeth my wife and the third and last part thereof I give to Thomas Atherton my son.
Item it is my will and mind that all my funeral expenses shall be taken and disbursed of my said said part of goods. The residue of my said part, after my funeral and yet I give to the said Elizabeth my wife and Thomas my son equally to be divided between them. Divided all ways that if the said Thomas my son shall be advised & yaterned? By his Mother and by his brother Richard and by his Godfathers John Cowley & Edmund Winstanley or by some trade……. Or shall decease before he shall accomplished the age of twenty-one years then my mind is that the portion of his said part, before to him given, shall remain to my said wife towards her aferm’t? and I doe make and appoint the said Elizabeth my wife my lawful & sole executrix to execute this my last Will & Testament tending to the terms hereof as my trust is in her.
In witness, whereof to this my last Will and Testament I the said James Atherton have put my hand & sealed the day & year first above mentioned.
Witness Hereof-Richard Atherton,John Cowley,Edmund Atherton,Catherin Hurst.
Debts owing unto me the said James Atherton as followeth.
Imprimis John Winstanley son of Rob 40/- Item Lawrence Gerrard several bills £4.16.0 - Item Thomas Birchall £2.03.0 - Item My Brother Humphrey Atherton 20/- Item To Edmund Atherton his son 10/- Item The said John Winstanley more by bills 41/2 - Item James Pennington by bill 33/- Item James More 14.8 - Item Humfrey Conlonge, John Pennington 40/-
Item Nicholas Pennington 22/- Item The same John Pennington 22/- Item Humfrey Roby 13.3 - Item William Barton 19.6.¹

James departed this life in Billinge. He was buried at Upholland, Parish of Wigan in Upholland Chapel. The inventory of James's estate was taken on Wednesday, 10 January 1607.

Important Notes: James Debtors: as noted below his will he lists his brother Humphrey Atherton and his son Edmund Atherton. Will of James son Richard:
In the name of God Amen the Eighteenth day of July the xiiijth (14th) year of the reigne of our most gracious soverigne lord Charles the by the grace of God of England,Scotland,France and Ireland Defender of the faith etc. I Richard Atherton of Billinge in the countie of Lancaster in the pish of Wigan and diocese of Chester being aged and unwell in body but in good and perfect memory praise be to God do constitute ordaine and make this my last Will and Testament in manner and form following.First I give and bequeath my soul into the hands of Almighty God my only Saviour and Redeemer in whom is all my trust to be saved through the merits of Christs passion and my body to be buried in christian burial in the chapel of Holland their to remain in the busom of the church untill it shall please my Saviour and Redeemer to raise it again with a bodie of immortality.And concerning all such goods and personal effects as God of his mercy hath bestowed upon me, the same shall ordered and disposed of as hereafter followeth.
Item. It is my will and mind that i give unto Elline my now wife XXX£ to be taken out of my whole goods. Item. I give unto Thomas Fairclough of Holland fortie shillings. Item. I give unto three of the younger children of the said Thomas Fairclough XLS to be equally divided amongst them. Item to Anne wife of Thomas Fairclough XXS. Item. to my Godchild James Fairclough XS. Item. I give unto the wife of Raph Houlton XLS. Item. I give unto Margaret Atherton XLS. Item. I give unto Elizabeth wife of Richard Barton XLS. Item. To my Brother-in-law Hugh Barnes XS. Item. To the wife of Hugh Barnes XS. Item. I give unto Thomas Barnes & James Barnes sons of the said Hugh Barnes either of them XS. Item. I give unto the life of Billinge Chapel XXS, to be added to the fund which is for the maintenance of the Minister their. Item. I give unto John Cowley the elder XS. Item. I give unto Robert Atherton, Anne his wife and Isabell his daughter every one of them iiijs iiijd. Item. I give to John Chowe iii£, Item. I give unto the said John Chowe my worser suit of apparall namely my jerkin, doublett, breeches, stockings ,shoes and my worser hat. Item. I give to Humphrey Cowley my cloak Item. I give to everyone I am Godfather to xiid. Item. Whereas I have certain tarke of ground called the lower leeas for certain years yet in being , I do give the benefit thereof to Elline my wife during the term of three years next after my decease Item. The residue of the said tarke of ground I give to my Executors hereafter named to be disected as they shall think fit. Item. The remainder of all my goods whatever over the rest chargeable of my personal expenses, debts & legacies I give unto the life of the poorest in BIllinge and it is my will that my cosine Humphrey Cowley & Humphrey Eddleston the younger shall have the putting forth of the sum X£s ..... thereof to remain to the poor as aforesaid.
Item. I do ordaine and make the said Humphrey Cowley my cosine and Elline my said wife my true and lawful Executors to execute this my last Will & Testament as my trust is in them and it is ....... my will and mind that my said Executors shall have all such charges and expenses paid out of my whole goods as they or either of them shall put either in proving or going about to perform this my last Will. Item, It is my will and mind that if any person to whom I have given any legacy doe either murmer or be disappointed with the sum or do in any way wise go about to frustrate this my last Will or trouble my Executors, that in so doing any legacy given to any such person shall cease and not be paid at all. Item, I revoke and forsake all former Wills by me hereforto made and ordaine this is to be my last Will and Testament.
And in witness that this is my last Will I have caused the same to be published thereof these persons whose names are hereto written and hereunto have put my hand and seal the day and year above written. Richard X Atherton, his mark.
Called signed and delivered in the presence of:- John Rothwell, Alexander Orrell, Henry Lome. [Note - Ann Fairclough, Margaret Atherton and Elizabeth Barton are daughters of Richard's cousin, Edmund Atherton who died in 1613 - KLM]