Will of William Fookes of West Mersea 1609

Will of William Fookes of West Mersea, Essex Record Office D/ABW 15/121

Transcribed by Jill Waters April 2020
There is a Translation to Modern English further down the page

Page 1

1.   In the name of god amen, the first day of maie in the Seaventh
2.   yeare of the Reigne of o[ur] soveraine Lorde James by the grace
3.   of god of Inglande, France and Irelande kinge defender of the
4.   faith & of Scotlande the xlij th in Anno D[o]mi[ni] 1609: I Willi[a]m
5.   Fookes of westmersea in the Countie of Essex yeoman beinge
6.   sicke of bodie but of mynde and memorie p[er]fect thanks be to god
7.   doe make and ordeine this my last will and testament in maner
8.   and forme followinge, first I bequeath my soule into the handes
9.   of almightie god, and my bodie to be buried where it shall plese
10.   god to appoynte: I[te]m I give and bequeath unto Elizabeth my
11.   wife all that my house and lande wherein I nowe dwell and
12.   which is nowe in my tenure and occupation Comonly called
13.   Bealls lyinge in westmersea aforesaide with all & singaler th'
14.   appurtenances thereunto belonginge, from and after the day
15.   of my death untill the feast of St michaell th[e]archaungell then
16.   next followinge, And soforth from the saide feast of St michaell
17.   th[e]archangell next after my decease unto thende and terme of
18.   Sixten wholl yeares from thene next Insueinge fully to
19.   be Complete and ended, for and towardes the bringeinge up of
20.   my Children: And also I will and my meaninge is that the
21.   saide Elizabeth my wife shall paye out of my saide landes
22.   these summes of monie specifyed that is to saie, unto John
23.   Fookes my sonne twentie/ poundes of good and lawfull monie of
24.   Inglande at his full age of one and twentie yeares, and
25.   unto Richarde Fookes my sonne the sume of twentie/ poundes of
26.   good & lawfull monie of Inglande at his full age of one and
27.   twentie yeares and unto Thomas Fookes my sonne the like
28.   sume of twentie/ poundes of good and lawfull monie of Inge-
29.   lande at his full age of one and twentie yeares and after
30.   the said sixtene yeares beinge expired I will that all my
31.   saide house & landes w[i]th the apurtenances shall wholly remaine
32.   <....> unto Will[ia]m Fookes my sonne and to his heires forever
33.   and he to pay out of the same unto/ my saide wife Elizabeth his mother
34.   yearely & everie yeare dureinge her natureall lyfe the sume
35.   of Three poundes of good & lawfull monie of Inglande at the
36.   twoo usuall feastes in the yeare vi[de]l[i]c[e]t th[e]annutiation of o[ur] ladie
37.   the Virgine St marie & St michaell th[e]archaungell by even &
38.   equalle portiones, and if it shall happen the saide three
39.   poundes a yeare to be behinde & unpaide contrarie to this my
40.   will & meaninge that then & from thencforth it shalbe law-
41.   full for the saide Elizabeth my wife or hir assign to come and
42.   enter upon the saide lande or anie p[ar]cell thereof & to destraine
43.   & the destres so taken to deteine or sell untill the saide three
44.   pounds with th[e]areareages if anie shalbe, be fully contented and
45.   paide: And further I will and my meaneinge is that my saide
46.   wife Elizabeth shall pay amd discharge unto Elizabeth Fookes
47.   my daughter the sume of twentie poundes of good & lawfull
48.   Will[ia]m Fookes
49.   his marke

Page 2

1.   monie of Inglande when she shall Come to hir full age
2.   of twentie yeares, and also I give and bequeath
3.   unto Ann Fookes my daughter the sume of twentie
4.   poundes of good and lawfull monie of Inglande to be
5.   paide unto hir at hir age of Twentie yeares by Elizabeth
6.   my wife: further I will and my meaneinge is that if
7.   Elizabeth my wife be nowe with Childe, that then I give
8.   and bequeath unto the saide Childe the sume of Twentie
9.   poundes of good and lawfull monie of Inglande to be
10.   paide unto the saide Childe at th[e] age of one and twentie
11.   yeares by my sonne Will[ia]m Fookes out of my landes
12.   before to him given: Also I will and my meaneinge is
13.   that Elizabeth my wife shall dureinge all the time & terme
14.   that she shall houlde and inioy my house & landes before to
15.   hir given, kepe and maineteine all the house in good
16.   reparetiones, and that she shall not make anie Stripp or
17.   wast upon anie of the saide landes: I[te]m I give and
18.   beqeath unto Richarde Fookes my sonne one Joyned table
19.   with a frame and a Joyned forme standinge in the p[ar]lour
20.   to be delivered unto him at his age of one and twentie
21.   yeares: I[te]m all the Rest of my moveable goodes whatsoever
22.   unbequeathed I give them wholly unto Elizabeth my wife
23.   towardes the payinge of my dettes and the decent bringinge
24.   of my bodie to the grounde, And I ordeine and make the
25.   saide Elizabeth my wife sole Executrice of this my last
26.   will and Testament: And if the saide Elizabeth my wife
27.   doe refuse to be executrice unto this my last will and
28.   Testmament and doe not prove the same within three monthes
29.   next after my decease, then I will and my meaneinge is
30.   that my brother John Fookes of westmersea shalbe myne
31.   executo[ur] of this my last will and testament, and he to take
32.   all my moveable goodes whatsoever towardes the payinge of
33.   my dettes, and likewise I will and my meaneinge is that if
34.   my wife doe refuse to be mine excut[rice] and to prove this
35.   my will as is aforesaide, that then and from thencforth
36.   the gift before to hir given of my house & lande for
37.   the terme of Sixtene yeares shalbe utterly voyde & that
38.   the saide John Fookes my brother shall have & inioy all
39.   my saide house & landes dureinge all that terme & time
40.   that the same was given to my wife & he to bringe up
41.   my Children all that time and likewise to paye unto my
42.   Children all suche giftes and legacies as my wife should
43.   Willi[a]m Fookes
44.   his marke

Page 3

1.   have done in manner and forme before specifyed, and that
2.   then I will that my saide brother John Fookes shall paye
3.   out of my saide house and lande yearely & everie yeare
4.   dureinge the saide sixtene yeares unto Elizabeth my
5.   wife the sume of Three poundes a yeare of good & lawfull
6.   monie of Inglande, to be paide at twoo usuall feastes of
7.   the yeare vi[de]l[i]c[e]t th[e]annutiation of o[ur] ladie the virgine
8.   St marie and St michaell th[e]archau[n]gell by even & equalle
9.   portiones & so my brother John to stande my sole excut[or]
10.   of this my last will & testament to se the same well and
11.   faithfully p[er]formed accordinge to my true intent & meaninge
12.   therein specifyed: And so Revokeinge all foremer willes
13.   whatsoever by be made I doe p[ro]nounce this to be my
14.   last will and testament, In wittnes whereof I have
15.   hereunto put my hande and seale the day and yeare
16.   first above written those beinge witnesses at my
17.   request.
18.   memorand[um] the worde twentie in the first leafe of the
19.   will in three severall places was outerlined by the
20.   Consent of the saide Will[ia]m Fokes the testator before the
21.   [Interlining?] hereof & in the p[re]sence of us the witnesses
22.   p[er] me Timo[theous] Hearne
23.   Nicholas Wright
24.   his mark
25.   Will[ia]m Fookes
26.   his marke
27.   Nicholas Durell
28.   his marke
29.   John Boxted
30.   his marke


Translation to Modern English

Will of William Fookes of West Mersea, yeoman, 1 May 1609 ERO D/ABW 15/121 translated into modern English by Jill Waters

In the name of God, Amen. On 1st May, 1609, I, William Fookes of West Mersea in the County of Essex, a yeoman, being sick in body but perfect in mind and memory, make this my last will and testament as follows:

First, I bequeath my soul into the hands of Almighty God and my body to be buried wherever God wills.

Item: I give and bequeath to Elizabeth, my wife, my house and land, called Bealls in West Mersea, with all associated rights from the day of my death until Michaelmas (Feast of St Michael) sixteen years later. This is to pay towards the raising of my children. Also, Elizabeth shall pay out of this money:
* Twenty pounds of lawful English money to John Fookes, my son, when he becomes 21.
* Twenty pounds of lawful English money to Richard Fookes, my son, when he becomes 21.
* Twenty pounds of lawful English money to Thomas Fookes, my son, when he becomes 21. At the end of the sixteen years I give the said house and land to William Fookes, my son and his heirs. He is to pay my wife, Elizabeth (his mother), three pounds of lawful English money a year for the rest of her life. Half is to be paid at the Feast of the Annunciation (25th March) and half at the Feast of St Michael (Michaelmas, 29th September). If he fails to pay this then Elizabeth, my wife, or anyone she assigns, may enter my land and remove and sell a horse to settle any arrears.

Further, Elizabeth, my wife, shall pay:
* Twenty pounds of lawful English money to Elizabeth Fookes, my daughter, when she becomes 20.
* Twenty pounds of lawful English money to Ann Fookes, my daughter, when she becomes 20.

Further, I will that if Elizabeth, my wife, is now pregnant then William Fookes, my son, shall pay the said child twenty pounds of lawful English money when the said child becomes 21.

Also, I will that Elizabeth, my wife, shall keep and maintain the house she has been given in good repair and she will not strip or lay waste any of the land.

Item: I give and bequeath to Richard Fookes, my son, one table which is standing in the parlour when he becomes 21.

Item: all the rest of my movable goods, unbequeathed, I give to Elizabeth, my wife towards the settlement of my debts and to pay for my burial. I ordain and make the said Elizabeth, my wife, the sole executrix of this my last will & testament. If the said Elizabeth, my wife, refuses to be executor and does not prove my last will & testament within three months of my death, then I will that my brother John Fookes, of West Mersea, shall be the executor of this my last will & testament. He will then take whatever of my moveable goods he needs to pay my debts. Also, if my wife refuses to be my executor and prove this my will then my gift of my house and land for sixteen years will become void and the said John Fookes, my brother, shall have the said house and lands for the term given to my wife. He will also bring up my children and pay them the gifts and legacies which my wife should have paid as specified previously. The said John Fookes, my brother, will as sole executor pay out of the said house and lands three pounds of lawful English money to Elizabeth, my wife, each year for the said sixteen years. Half of this money is to be paid at the Feast of the Annunciation (25th March) and half at the Feast of St Michael (Michaelmas, 29th September).

Revoking all former wills, I pronounce this to be my last will and testament, in witness of which I have put my hand and seal, the day and year written above, and witnessed at my request by those named below.

Memorandum: the word twenty on the first page of this will in three separate places, replacing the original deleted word, was written the consent of the said William Fookes, the testator, and in the presence of the witnesses,

by me, Timothy Hearn         William Fookes, [testator], his mark
Nicholas Wright, his mark
Nicholas Durell, his mark
John Boxted, his mark

1 May 1609
ID: MARG_128_011
Source: Mersea Museum