The marriage record was found in the WRO.
Roger Mawby, search agent, noted that William was probably a yeoman and was aged 58 at his death.

The Cherhill baptism records show William to be the church warden in 1677 and 1686.

The tomb in Cherhill reads:-

Here lies the body of Katherine, the wife of William Caswell, who departed this life, December 23rd AD 1704, aged 42 years. Here also lieth William Caswell, her husband, who departed this life August 1706, aged 58 years.

As you be now, so once were we, therefore prepare to follow we.

Monumental Inscriptions of Wiltshire (1822) book: Cherhill, Wiltshire:

"On flat stones in the body [of the church]:

Here Lieth William Caswell, who Departed this life August A.D. 1706, Aged 58 years."

William’s will.

SUMMARY
The will appears to be incomplete but from what I make of it, there are five principal legatees:
William’s sons John (who gets a mere £150, a third of which is to be spent on the burial and probably the copyhold estate), William, who gets the freehold estate at Avebury and a duty to provide out of the proceeds for his three sisters, Susannah, Christian (or Christine) and Mary who I have assumed to be minors, whose welfare in their minority is entrusted to William’s executors, John Young, Walter Plowman, Robert Burchall and Edward Burchell. Goods and chattels are divided amongst the children with any surpluses being bequeathed to the executors
(TEGHIM?) WILLIMI CASWELL DE CHERRELL
In the name of God Amen. I William Caswell of Cherrell in the County of Wilts yeoman do make and ordain this my last Will and Testament in manner and form following viz I bequeath my soul into the hands of God that gave it and my body to be dutifully buried in the Earth from whence it was taken in hopes of a joyful resurrection. And as for my worldly estate I dispose thereof as followeth, that is to say, Imprimus I will and devise to my son Robert the sum of one hundred and fifty pounds, whereof fifty pounds shall be employed towards this burying.
(Words missing)
This life in my copyhold Estate in Cherrell and the one hundred pounds remaining to be paid when he shall attain to the age of one and twenty years and the interest in the mean time to be employed for and towards his maintenance and then I will and give to my three daughters, Susannah, Christian (sic) and Mary the sums of one hundred pounds apiece to be out of the renting of my freehold Estate at Avebury in the county of Wilts as soon as may be raised by my executors hereafter named and in case any of the said daughters happen to die before the same legacies become payable and that then the legacy of such daughter so dying as aforesaid shall remain to the survivor or survivors of the said daughters. Then I give and bequeath to each of my children our silver spoons and to my daughter Susannah a silver porringer. Then I give and bequeath to my three daughters all my wife’s wearing apparel and rings to be equally divided between them. Then I give and bequeath to my son William my best bed and furniture thereof and my other beds and furniture of them to be equally divided among my four young children. I then will and bequeath to my son William all that my freehold estate in Avebury aforesaid with all its rights encumbrances (?) and appurtenances to have and to hold to him and his (indecipherable) for ever, chargeable nonetheless (?) with the three hundred pounds to be raised out of the same for his sisters legacies (?) as aforesaid by my executors hereafter named. Then all the rest of my goods (indecipherable) after my debts and funeral expenses are discharged I give will and Devize to my executors John Young of Cherell aforesaid yeoman, Walter Plowman of Calne in the county of Wilts (occupation indecipherable). Robert Burchell of Compton Bassett in the county of Wilts yeoman and Edward Burchall of Compton Bassett in the county of Wilts aforesaid Clothier in this sure trust and that they and the Surviving and Survivors of them shall with my said goods and chattels up maintain and
my children during their minority and the surplus to be divided amongst my over whom I do make them and (indecipherable) of them Guardians
(indecipherable)
(indecipherable)

(indecipherable – could be nurture?)
(indecipherable)
and Executors of this my last Will and Testament dated this second day of August one thousand seven hundred and six – William Caswell. (indecipherable) and delivered and published and (indecipherable) in the presence of Jo Brinsdon, Susana Hiscock, Robert Burchall.
Probated (the remainder of the Probate notice seems to be written in Latin, of which I have no knowledge, but was granted at Sarum (Salisbury) and dated 2nd August 1707.

2nd Transcription
.
The Last Will and Testament of William Caswell of Cherhill signed 2 August 1706. Source: Wiltshire and Swindon Records Office.

Transcription:
In the Margin: Caswell
24B [apparently the second entry on page 24]

Testum William Caswell de Cherhill
In the name of God Amen ] I William Caswell of Cherhill
in the County of Wilts yeoman do Make and ordain this my last Will and -
Testament in manner and form following viz I bequeath my Soul into the -
Hands of God that gave it and my body to be decently buried in the-
Earth from whom it was taken in hopes of a joyfull resurrection. And -
as for my worldly Estate I dispose thereof as followith, that is to Say-.
Sui primis* I will and devise to my Son Robert the sum of one hundred &
fifty pounds whereof fifty pounds shall be employed toward his living

In the Margin: [page] 25

his life in my Copyhold Estate** in Cherhill and the one hundred pounds remaining to be paid when he shall attain To the age of one & twenty years & the Interest in the mean time to be employed for & toward his maintenance Item*** I will and devise to my three daughters Susannah Christian & Mary the Sum of one hundred pounds apiece to be raised out of the Rent of my freehold estate [owned outright] at Avebury in the County of Wilts as soon as may be by mine Executors hereafter named & in case any of the said daughters happen to die before the said legacies become payable that then the legacy of such daughters so dying as aforesaid shall remain to the survivor or survivors of these said Daughters. Item I give and bequeath to each of my children our Silver Spoons & to my daughter Susannah a Silver porringer. Item I give &
Bequeath to my three daughters all my wife’s apparel & Rings to be equally divided between them Item I give and bequeath to my son-
William my best Bed & furniture thereof & any other beds and furniture of them to be Divided among my four young children Item Will &
Devise to my Son William all that my freehold Estate in Avebury afors’d with all its Rightly [illegible] & appurtenances to have and to hold to him & his Heirs forever Chargable now on the loss with the Three hundred pounds to be raised out of the same for his Sisters Legacies as aforesaid by my Executors hereafter named. Item all the rest of my Goods Chattels and credits after my debts and funeral expenses are discharged I give Will & devise to mine Executors Peter Young of Cherhill aforesaid yeoman, Walter - Housman of Calne in the County of Wilts [his occupation illegible] Robert Burchell of Compton Bassett in the County of Wilts yeoman & Howard Burchell of Compton Bassett in the County of Wilts, clothier in the sure trust and confidence [Illegible] that they & the survivors & survivor of them shall with my said Goods Chattells & Credits brood up**** maintain & Educate 5 children During their minority & the Surplus to be divided amongst my 5 children over whom I do hereby make them & [illegible] of them Guardians & joint Executors of this my last will & testament Dated this second day of August one thousand Seven hundred & Six.-
William Caswell [Signature] Sealed & Delivered published & Declared in - presense of Jo: Brinsdon Susanna Hissock Robert Burchell [Signatures all written in the same hand, likely that of the recorder]

Transcriber Note: The final portion of the document is the notice of the probate of the will that was written in Latin by the recording scribe. Probate was held on 2 August 1707 and Robert Burchell is the only name that appeared in the probate record which was also present in the Last Will and Testament document itself.
Definitions:
* Latin - literally “his first” (bequest)
** A remnant of the feudal system in which the tenant received a copy of the deed to the land from the actual manorial land owner and the tenant remained on the property only through the will of the lord of the manor and manorial tradition.
*** Possibly “idem”, Latin for “the same” i.e. another bequest
**** Definition, “hatch” which seems pretty agricultural - “raise” or “bring up” would seem to be more apt

THE DISPUTE OF WILLIAM CASSWELL'S ESTATE.

There are three documents regarding this case.
The 2nd and 3rd documents are logged in the notes of William's children, Robert (r 8192) and William (r 11791).

Document # 1

15 May 1722. To the Right Honourable Thomas Lord Parker Earl of
Macclesfield Lord High Chancellor of Great Britain

1) Complaining Show unto your Lordship your Orators and
Oratrixes Richard Pope of Yatesbury in the County of Wilts
yeoman and Christian his wife William Vivash of [blank] and
Susannah his wife (^ Robert Caswell of Cherhill in the County of
Wilts yeoman) and Mary Caswell an infant

2) under the age of one and twenty years by the said Robert
Caswell her next friend or prochain Ann ? William Caswell your
(^ Orator Robt and your) Oratrix's late father of Cherhill
aforesaid yeoman being in his lifetime and at the time of his
death seized possessed interested in and intituled unto divers
messuages land and tenements

3) ?Freehold? copyhold and leasehold lying and being in Avebury
Cherhill and elsewhere in the said county of Wilts of a
considerable yearly value and in divers good stock cattle game
an hay implements of household and husbandry divers quantities
of plate and linen debts ready money and otherwise to the value
of one

4) thousand and five hundred pounds and upwards, and having two
sons (to wit) William his eldest son and your Orator Robert and
(^ your) Oratrixes and being willing to make some provision for
them and being of sound mind and memory and understanding on or
about the second day of August in the year of our Lord

5) One thousand seven hundred and six duly made his last will
and testament writing to the effect following (viz) to your
orator Robert he bequeathed one hundred and fifty pounds and
appointed that fifty pounds thereof should be employed towards
the buying ?? orators Roberts life in his copyhold estate at

6) Cherhill and the remaining One hundred pounds to be payed
when your orator Robert attained the age of one and twenty years
and the interest in the meantime to be employed for and towards
his maintenance and did thereby give to his three daughters your
oratrixes the sum of one hundred pound apiece to be raised out

7) of the rents and profits of his freehold estate at Avebury
aforesaid as soon as might be by his executors and appointed
that if either of his said daughters happened to die before the
said legacy became payable the legacy of such deceased daughters
should remain to the survivors or survivor of them, and did also
give and

8) bequeath to each of his children one silver spoon and his
daughter Susannah a silver porringer and to your Oratrixes his
wife's wearing apparel and rings to be equally divide between
them and this said son William his best bed and furniture hereof
and his other goods and furniture to be equally

9) divided amongst his four younger children, and devised to his
son William all his freehold estate at Avebury aforesaid with
all its rights ?? and appurtenances To have and to hold to him
and his heirs forever chargeable nevertheless with the three
hundred pounds to be raised out of the same

10) for his sisters' legacies as aforesaid by his executors and
all the rest of his goods chattels and credits after his debts
and funeral expenses discharged he devised and bequeathed to
Peter Young of Cherhill aforesaid yeoman, Walter Foreman of
Calne in the said county of Wilts, Mercer, Robert Burchell of

11) Compton Bassett and Clement Burchell of the same place
clothier intrust and confidence that they and the survivors and
survivor of them should with his goods chattels and credits
breed up maintain and educate his children (during their
minority) and divide the overplus among his said children,and

12) made them joint executors of his said will as in and by the
said will relation being hereunto fixed more fully and at large
?? and may appear and shortly after departed this life, and the
said Peter Young, Walter Foreman and Clement Burchell declining
to prove the said will and acting in the said trust p??

13) executorship the said Robert Burchell proved the same in
common form in the proper ecclesiastical court as may appear and
having done so did or ought to have made or taken a true perfect
accompt or inventory of all sand singular the goods,
chattels,rights and credits of the said

14) decedent William Caswell and to have seen the same duly
appraised and your ono further show unto your lordship that
the said William Caswell not having an opportunity to ?? ??or
ad two lives in the said copyhold a marriage between him and one

15) Priscilla [blank] was agreed, to be had and solemnised And
the said William Caswell being willing sufficiently to provide
for his said children not only out of his freeholdlease hold and
personal estate it? was on and before the said marriage
concluded and agreed that

16) she the said Priscilla should have only the yearly sum or
income of seven pounds per annum out of the rents of the said
copyhold estate and that his trustees and executors should take
? all the residue and remainder of his whole estate for the
benefit of and in trust for his the said William Caswell'
children

17) according to his will and that the said Priscilla should not
intermarry or do any act to forfeit the said copyhold premises
and should enter into one bond or obligation of the penalty of
two hundred pounds or some such sum for the due performance of
the said agreement and proposal which she

18) accordingly did to the said Robert Burchel or to some other
person or persons; And the Bond aforesaid being duly given and
duly executed the marriage between the said William Caswell and
Priscilla was had and solemnised and about a month after the
said William Caswell departed this life leaving the said

19) Priscilla, and the said William Caswell his son in the
possession of the house (where he died) where were all the
deeds, and writings relating to his freehold leasehold and
copyhold estates Bonds Bills and other securities and the Bond
executed by the said Priscilla to the said Robert Burchell for

20) the purposes aforesaid and all other the bills bonds
specialties and writings relating to his the said testators real
and personal estate all which? the said Priscilla and the said
William Caswell Robert Burchell and Clement Burchell or some or
one of them took into their some or one of their custody

21) power or possession or suffered some others so to do and all
matters in relation to the said testators estate went fairly and
?? on and the said Priscilla took due care of the testators
children and family and the said William Caswell looked after
and managed the testators

22) real estate as well as the copyhold and by and out of the
same raised very great sums of money almost if not more than was
sufficient to pay all the testators children's portions with
competent and reasonable allowances for their respective
maintenances or might

23) without his or her wilful neglect or default have done But
instead of making your orators any manner of allowance towards
their education and maintenance treated them in a rude and
unkind manner and forced them to go to service for their
livelihood and subsistence

24) and ?? ?? arrear of the money or yearly allowance of seven
pounds per annum agreed to be paid and made good to the said
Priscilla and reduced her to a low state and condition and
several debates and controversies arising between the said
Priscilla and the said William Caswell

25) the sone touching the said Priscilla's demands out of the
said decedents estate It was by the mutual consent of the said
William Caswell the son and the said Priscilla referred to the
Reverend Mr John Brunsden ? to settle the same and bonds of
award and arbitration were accordingly

26) executed And the said Mr Brunsden the referee having head
what both parties had to offer upon the matters aforesaid he
upon ?iung them and their proofs on or about the [blank]day of
[blank] in the year of our Lord One thousand seven hundred and

27) [blank] made and published his award in writing and thereby
awarded that the said William Caswell his heirs executers
administrators some or one of them should on or before the
fourth day of August then next pay unto the said Priscilla her
executors Administrators the sum of sixty two

28) pounds and five shillings and give her a bond of five
hundred pounds penalty to pay to her or her assignees one
annuity or yearly rent of seven pounds p er Annum during her
natural life at four payments free of all taxes And also to pay
all the debts and Legacies of the said testator

29) and that the said Priscilla should deliver unto the said
William Caswell the son all the testators household goods corn
cattle wagons ploughs carts utensils and implements of husbandry
then in her custody or power (except wearing apparel) and that
the said Priscilla should

30) permit the said William Caswell quietly and peaceably to
hold and enjoy the said copyhold premises free from all
encumbrances except the said yearly rent of seven pounds and do
no act to prevent or hinder the said William Caswell from
holding and enjoying the same And that here should be general

31) releases executed by all the parties when and as soon as the
matters awarded were complied with As in and by the said award
when produced more fully and at large it will appear reference
being hereunto had And your orator Robert Caswell and orator and
oratrix Richard Pope and

32) Christian his wife and your orator William Vivash and
Susannah his wife and your orator Mary (^Caswell) in regard
they nor either of them had received? their respective legacies
or any interest for the same or any thing towards their
subsistence and maintenance And being necessitated to work for

33) their maintenance and no account or inventory being
exhibited of the testator William Caswell's estate real and
personal And the said Robert Burchell and William Caswell the son
having had the sole management of all the testators estate and
disposed thereof as they thought fit your orators and oratrixes
by

34) themselves and friend applied to the said Robert Burchell and
William Caswell for satisfaction in the premises and were in
hopes of having the same and no reason to complain of their
neglect or injustice But so it is may it please your Lordship
that the said Robert Burchell before he had made or rendered

35) any account or satisfaction for their said testators estates
came to his hands or use on or about the [blank] day of [blank]
one thousand seven hundred and [blank] departed this life
intestate and simon vivash (^ of Calne in the county aforesaid)
being his administrator or executor he or others by his

36) order took possession of al the estate which the said Robert
Burchell died possessed of or interested in as well real or
personal estate sufficient to pay all his debts and to make good
what he had received? by from or out of the estate of the said
decedent William Caswell with a very considerable overplus

37) and (^ ??) reputed a rich man, and to have very great sums
of money due to him by specialties ?? Mr Andrew Cripps the said
Clement Burchell and Anne Burchell widow and relict of the said
Robert Burchell, Simon Vivash or some other person or persons
either as executors or administrators by the said

38)Robert Burchell entered in to and upon all the said Robert
Burchell's estate real and personal and all the deeds evidences
and ?? not only relating to (^ ??) Robert Burchell's own estate
but also the said decedent William Caswell's and particularly
the bond given by the said William Caswell

39) junior to pay all his father's debts and legacies and the
said bond for securing his so doing and paying the said annuity
or rent charge of seven pounds per annum out of the said
decedent's copyhold estate to the said Priscilla and the surplus
of rents thereof for the benefit of your orators and oratrixes
(^ ?? also ?? ?? Priscilla to ?? paid out of the said copyhold
estate) {check this bit}

40) and the said Priscilla Caswell William Caswell Andrew Cripps
Clement Burchell and Anne Burchell widow and Simon Vivash being
come to an agreement between themselves and taking the advantage
of their and the said Robert Burchell's proceedings in relation
to the matters before charged and the ??

41) disability that your orators and oratrixes lie under,
touching the same or discovery of the same matters and by
combination and confeder.. together and with several other
persons (at present unknown to your orators and oratrixes) but
when discovered your orators and oratrixes pray leave to

42) insert their names and to make them parties hereto with apt
words to charge them do endeavour to defraud your orators and
oratrixes of what is coming to them from and out of their
father's estates according to the true interest and meaning of
his will and the said bond given by the said Priscilla

43) before her intermarriage as aforesaid and keep them in
ignorance have and do conceal the testator's estates and now
they and ?? of them give out in speeches that the said William
Caswell the elder and the said Robert Burchell died intestate and
that they some or one of them are not otherwise

44) interested or concerned in either of their estates or
affairs than as neighbours or friends, or at most are only
Administrators durante? ?? and having fully administered their
Intestate's estates in paying their funeral expenses debts and
the charges of taking out the several administrations are as

45) they insist in no sort accountable to your orators and
oratrixes at least for no more than actually came to their hands
and that (they nor?) neither of them ever knew read or saw the
said testator ec's will or the bonds or obligations agreement
award or contract made with the said

46) Priscilla or do know what the contents or substance of the
same are or is and untruly affirms that no bonds or notes was or
were given in relation to the said copyhold estate of the payment
of the said seven pounds per annum or the debts and legacies
given and debts due from the said William Caswell the

47) elder and the said William Caswell the younger having the
p'ssion, of his the testators inventory deeds bills bonds and writing
s ...me other person or persons by his order or with his
private consent or approbation have or hath stifled?cancelled
burnt or destroyed the same, and if not destroyed ??

48) know have heard or been informed in whose hands custody or
power the same is, are or were or what is become of the same
But? ?? means the said confederacies cannot be prevailed with to
discover when where or in whose hands or p'ssion he she or they
or either of them last saw the same or any of

49) them or the dates substance or contents of such writings as
came to their or either of their hands since upon or before the
death of the said William Caswell, r how they any or either of
them have applied or disposed of the rents and profits of the
said decedent William Caswell's estate real and personal

50) or the true yearly value thereof or what estate right title
or interest he had in the same or who have or hath had the
p'ssion ... been in the receipts of the rents? and profits
thereof, nor will the said confederates discover what estate
real and personal the said Robert Burchell left or

51) wherein it consisted (^ or how disposed of) who is or hath
been in the p'ssion of the same or what debts the said William
Caswell and Robert Burchell either of them owed or stood indebted
at the times of their respective deaths and how secured and to
whom and what part thereof is paid and to whom and when by whom,
and how

52) much the said decedents or either of them was or were
indebted and for what and how secured and the date substance and
contents of their resp...e securities and by whom and upon what
consideration made granted or assigned and who drew and
ingressd? such security or securities bills bonds bargains and
sales

53) and who were or was witness or witnesses to the same and the
place and places of his and their abode and whether ante dated or
not and antedated for what intent or purpose, and at whose costs
and expense was or were the same made or drawn ingrosse and
executed and who besides the subscribing

54) witnesses was or were also by and present and the places of
their respective habitations nor will the said confederates by
fair me...e prevailed with to pay your orators and oratrixes
their respective legacies with the interest thereof or the sum
allowed and appointed for their maintenance and education or

55) give them any kind of satisfaction in the p'mises to the
utter ruine of your orators and oratrixes and contrary to all
manner of equity bid def... to their demands and declare that
they will not without being compelled make any kind of discovery
being as they are pleased to declare unprovided so to do or
compellable but

56) in this Hon\ble court where your orators and oratrixes
hope the said confederates shall be compelled to make full
discovery of the ?? upon their respective Corporal Oaths To the
End therefore that the said confederates and every of them may
make a full plain and direct answer to the matters before

57) charged as if the same had been here again particularly
repeated and interrogated and may set forth the date substance
and contents of the said decedent's will and by whom and in what
court proved and a true copy of the inventory made and taken of
the said William Caswell's personal

58) estate and whether the same was fully discovered inventoried
and appraised and by whom by name and by whose order or
direction ....hether there were any thing omitted out of the
said inventory and what and of what value and fr what cause or
reason and to whose use did the same came

59) And may also set forth whether the said Robert Burchell made
any will and the date and substance and contents of the same And
may either ...tt assets sufficient of his estate to pay his
debts and the moneys due and of right belonging to your orators
and oratrixes or in default thereof set forth a true and

60) perfect inventory of the same and by whom made taken valued
and appraised And may also set forth how they have disposed of
the ...all and personal estate of the said decedents William
Caswell and Robert Burchell or either of them sand how they came
..ame and what deeds bonds or writings which any way relate to
or concern the real and personal estates of the said William
Caswell and Robert Burchell

62) or either of them And what and how much the said decedents
or either of them owed or stood indebted to the said
confederates or either of .. at the times of the irrespective
deaths and how, and in what measure secured, and what he or they
have or hath received for or towards the same and the times when
and

63) upon what security and what is become of the same,and
whether they the said confederates any or either of them have or
hath alter... ..stroyed or concealed any of the deeds and
writings relating to either and which of the? said decedents and
for what intent or purpose and there was or was

64) not such bond entered into by the said Priscilla before her
intermarriage with the said decedent (^William) Caswell as
before is set forth and what bond ...may set forth the content
......... and in whose hand .... custody power or p'ssion the
same now is (^...) and may also set forth whether there was or
was not such ref..ence to the said

65) Mr Brunsden and such award made as aforesaid or what other
and whether complied with or not and what part isun performed
and by whom ...ow far was such reform to extend and who were
parties to the same And what they know have heard or do believe
concerning the matters aforesaid And that your orators

66) and oratrixes may have such relief in the p'mises as the
nature of their case require and agreeable to equity and your
lordships Gre.. ?? May it please your lordship to grant to your
orators and oratrixes his ?? most gracious writ (^ orwrits) of
subpoena to be directed to the said William Caswell

67) Anne Burchell widow Andrew Cripps Clement Burchell Priscilla
Caswell and Simon Vivash and the rest of the confederates when
disco..red her by commanding them and every? of them ... and
under a certain pain therein to be limited personally to be and
appear before your lordship in his Hon\ble

68) Court (^ ... and ... And...) And further to stand to and abide such further order and device herein as to your Lordships shall seem meet And your orators and oratrixes shall ever pray pd?.

An entry of the form (^ {text}) shows that the text was inserted
above the line at this point (usually as an afterthought, by the
look of things). 2) Chambers dictionary defines next friend as
"a person appointed, or permitted, by a court of law to acton
behalf of a minor or other person under legal disability".