A Voice from the Threshold of Death”: The 1699 Nuncupative Will of Ephraim Babb

In the waning days of 1699, as winter settled over Abbots Langley, Ephraim Babb lay dying. Too weak to write, he summoned witnesses and spoke his final wishes aloud—a “nuncupative” will, preserved not in ink but in memory and testimony. Proved in October 1699, this rare oral testament offers a glimpse into the legal, spiritual, and familial concerns of a man facing eternity. What follows is not just a record of inheritance, but a window into the customs of early modern England, where even the dying breath could carry legal weight. Exactly who Jeremiah Newman was to Ephraim is unknown, but they were close enough for him to be named Executor of Ephraim’s estate.

Formal Transcription (Latin)

Mense Septembris 1699
Dommo Sexto die probatum fuit Testamentum Ephraimi Babb, parochiani de Langley Abbots in Comitatu Hertford, defuncti, juramento Jeremiae Newman, executoris unici &c. Cui commissa fuit administratio &c. Jurat.

Modern English Translation

In the month of September 1699, on the sixth day, the will of Ephraim Babb, a parishioner of Abbots Langley in the County of Hertford, deceased, was proved by the oath of Jeremiah Newman, his sole executor, to whom administration was granted. Sworn.

Glossary of Terms

Probate: The legal process of validating a will.
Parochianus: Parishioner; a member of a parish.
Defunctus: Deceased.
Executor: A person appointed to carry out the terms of a will.
Administratio: Legal authority to manage the estate.
Jurat: Sworn; indicates the executor took an oath to fulfill duties.

Citation

“Buckinghamshire, England records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSNH-QS8Q-G?view=fullText : Jul 2, 2025), image 253 of 716; Church of England. Archdeaconry of Huntingdon. Hitchin Division. Court, Church of England. Archdeaconry of St. Albans. Court. Image Group Number: 008072099
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSNH-QS8Q-G?view=fullText

The Tree

Eprhaim/Ephraim is person #15 in the report below for Hertfordshire Pedigree (Berkhamsted 1546)


Discover more from Babb Unabridged

Subscribe to get the latest posts sent to your email.

Discover more from Babb Unabridged

Subscribe now to keep reading and get access to the full archive.

Continue reading