Jn Wells
Thos Cheese
in the name of god amen the
14.7.1592 in the 34Eliz1
etc. I
Jn Brett
of Tolshunt Major in the county of Essex yeoman being weak in body but of good and perfect remembrance thanks be unto almighty god therefore do ordain and make this my present testament containing my last will in manner and form following that is to say first I bequeath my soul to almighty god my creator maker and preserver and to jesus christ my saviour and only redeemer by whose death and passion I must
(torn)
my body I willingly yield to the earth from whence it came to be decently buried by the discretion of mine executors hereunder named in the churchyard of Tolshunt aforesaid item I give and bequeath to and amongst the poor people inhabiting within the parish of Tolshunt Major all my wearing apparel both linen and woollen except my gown which I give unto
Jn Brett
the son of my brother
Giles
to be distributed to such of the said poor people by the discretion of mine executors within one month next after my death as they and two of the honest headboroughs of the same parish shall think good and also a seam of wheat item I give and bequeath unto the poor people of Tolshunt Major aforesaid 20s to be distributed amongst them within a quarter of a year next after my decease by the discretion of my said executors item I give and bequeath to father
Bond
and mother
Martin
of Tolshunt Darcy 5s to be distributed between them at the discretion of mine executors within one month next after my death item I give and bequeath unto the widow
Creake
her dwelling and abode within the mansion house of the Parsonage of Tolshunt Major aforesaid for and during her natural life if my lease and term of years therein shall so long continue in such manner as she hath had the same at my hands without any rent therefore doing or paying item I give and bequeath to the poor people of Tollesbury 6s8d to be distributed amongst them within a quarter of a year after my death item I give and bequeath to the poor people of Much Tey 10s to be distributed amongst them within a quarter of a year next after my decease item I give and bequeath unto the poor people of Earls Colne 10s to be distributed amongst them within a quarter of a year next coming by even portions item I give and bequeath to and amongst the poor people of Salcotte 13s4d to be distributed amongst them in manner and form aforesaid item I give and bequeath to and amongst the poor people of Goldhanger and Little Tottham 20s to be distributed amongst them equally to each parish with
in like time after my decease item I give 6s8d to the preacher whom my executors shall entreat and procure to preach at my burial and I do give 40s to be distributed at the discretion of mine executors to some godly and well disposed men meet to be relieved item I give and bequeath unto
Jn Sames
the son of my daughter
Marion
deceased all those my leases and terms for years which I have yet to come of and in those tenements parcels of land meadow and pasture which I have lying in Tolshunt Major aforesaid parcel of the Glebe lands belonging to the parsonage there and all the woods thereon being or standing except only a hundred trees of oak and ash which are to be left there standing at the end of the said terms of years as by my indenture of the bargain and sale of the woods more at large appeareth to have and to hold the said leases and terms of years of and in the said tenements and premises aforesaid unto the said
Jn Sames
and his assigns during all the terms of years which are to come contained in the indenture of lease thereof the said
Jn
to pay all duties heriots and fines due for the same by my death or alienation comprised in the said indentures item I give and bequeath unto the said
Jn Sames
all that my tenement and lands called Renters wherein I now dwell in Tolshunt Major aforesaid with all lands grounds hereditaments easements and commodities thereunto belonging or with the same occupied being my freehold with the appurtenances and also my croft and parcel of land called Sherwins or by what name soever lying in Tolshunt Darcy which I purchased of
Mary Bullocke
to have and to hold all the said tenements and lands and all and every other the premises aforesaid with appurtenances unto the said
Jn Sames
and to the heirs of his body lawfully begotten and for default of such issue the same to remain to
Susan Aylett
Ann Aylett
Rebecca Aylett
Mary Aylett
and
Judith Aylett
the daughters of my daughter
Ann
deceased and to the heirs of the several bodies of the said
Susan
Ann
Rebecca
Mary
and
Judith
and of every or any of them severally lawfully begotten and for default of such issue to remain to such like uses and limitations as are in the will of
Giles Brett
my father deceased limited and appointed of the lands and tenements called Renters nevertheless I give and will to be paid out of the said lands called Sherwins by the said
Jn Sames
or his heirs one annuity or yearly sum of 33s4d of lawful money of England yearly every year for and during the term of ten years next after my death to be paid and distributed to such person and persons and in such manner and form and to such use and uses as hereafter in this my will is declared that is to say 6s8d thereof yearly due every term aforesaid to the churchwardens of Salcott for the time being to the common use of the poor of that parish and 13s4d more thereof yearly for the time to the churchwardens of Tolshunt Major for the time being to the common use and benefit of the poor of the parish and 13s4d residue of the said annuity to be yearly distributed for that time at the discretion of mine executors hereunder named to faithful ministers and professors of the word of god in time of their poverty and affliction or distress also I give and bequeath unto the said
Jn Sames
my land and meadow containing 1a and half more or less called Grange Mead lying in Tolshunt Major which I hold of the manor of Tolshunt aforesaid by copy of court roll to have to him and his heirs for ever item I give and bequeath unto the aforenamed
Susan Aylett
my tenement and lands with all and singular the appurtenances called Samsons Tabors Hungerland Widoweland and Osburnes Croft otherwise called Swete Magotts containing in them by estimation 25a or thereabouts lying within the parishes of Tolshunt Major and Tolshunt Darcy to have and to hold unto the said
Susan
and the heirs of her body lawfully begotten and for default of such issue then I will the same to remain to the aforenamed
Ann
Rebecca
Mary
and
Judith Aylett
the daughters of my daughter
Ann
and the heirs of their several bodies severally and lawfully begotten and for default of such issue the same to remain to the aforenamed
Jn Sames
and to the heirs of his body lawfully begotten the remainder thereof over for default of such issue according unto the remainder aforesaid demised by my said father of his lands called Renters item I give unto the said
Rebecca Aylett
my tenement and lands called Rowlands and Ayers or by what other name soever lying and being in Little Totham and Goldhanger with all other lands therewith letten or occupied and the appurtenances to have and to hold unto the said
Rebecca
and to the heirs of her body lawfully begotten and for default of such issue then the same to remain to the said
Susan
Ann
Mary
and
Judith
and to the heirs of the several bodies of the same etc and of every or any of them severally lawfully begotten and for want of such issue the same to remain to the said
Jn Sames
and the heirs of his body the remainder thereof over according to the remainder aforementioned demised by my said father of his lands or Renters item I give unto the said
Susan Aylett
all that my parcel of copyhold land within the parish of Tollesbury called Coateland to have and to hold unto the said
Susan
and the heirs of her body etc and for default of such issue then the same to remain to the said
Mary Aylett
and to the heirs of the body of the said
Mary
etc and for default of such issue then to remain to the said
Ann
Rebecca
and
Judith Aylett
and their heirs forever also I give unto the said
Ann Aylett
the daughter of my daughter
Ann
my tenement and lands called Bakers with the appurtenances lying in Tolshunt Darcy to have and to hold to the said
Ann
and the heirs of her body etc and for default of such issue then to continue to the said
Susan
Rebecca
Mary
and
Judith Aylett
and to the heirs of their several bodies and of every or any of them etc and for default of such issue to remain to the aforenamed
Jn Sames
and to the heirs of his body etc and for default of such issue the remainder thereof over to the uses aforementioned of the lands called Renters in my father's will item I give unto the said
Judith Aylett
my lands and meadow containing by estimation 10a more or less called
Bredcrofts
lying in Earls Colne with appurtenances to have and to hold to the said
Judith
and to the heirs of her body etc and for default of such issue then the same to remain to the said
Susan
Ann
Rebecca
and
Mary Aylett
and to the heirs of their several bodies etc and for default of such issue then to remain to the said
Jn Sames
and the heirs of his body the remainder thereof for default of issue to the uses aforementioned appointed in my father's will of the land of Renters item I give and bequeath unto the said
Judith Aylett
my copyhold tenement with appurtenances called Pratts holden of the manor of Salcote to have and to hold to the said
Judith
and to the heirs of her body etc and for default of such issue the same to remain to the said
Susan
Ann
Rebecca
and
Mary Aylett
and their heirs forever provided always and whereas the said
Jn Sames
the son of
Marion
my daughter and the said
Susan
Ann
Rebecca
Mary
and
Judith Aylett
the daughters of my daughter
Ann
be my coheirs by the laws of this realm and by reason thereof some question strife contention and debate may hereafter happen or grow between them or some of them as not satisfied or contented with my gift benevolence and liberality on him her or them severally bestowed in this my will or concerning his her or their title claim estate or interest of in and to my said lands and tenements herein before devised or of or in any of them or any part thereof against the tenor and purport of this my will thereby intending and meaning to alter and make frustrate my will and devise of the said lands and tenements or of any of them or any part thereof my mind therefore and will is that the said
Jn Sames
and the said
Susan
Ann
Rebecca
Mary
and
Judith Aylett
and every and either of them when and after that the said
Susan
Ann
Rebecca
Mary
and
Judith
and every or any of them shall accomplish and come unto her or their several ages of twenty-one years and their heirs shall join in some collateral conveyance and do execute and perform every other and further act so far always as necessity shall require and as it shall and may be expedient and most available to assure ratify and confirm the said lands and tenements aforementioned to my said several demises thereof and their heirs of and in such several estate and estates and in such manner and form as I shall before in this my will appointed declared and created thereof according to the limitation devise tenor and true meaning above declared in this my will and not further or otherwise and further my mind is and hereby I will and declare that if any of the said
Jn Sames
Susan
Ann
Rebecca
Mary
and
Judith Aylett
or any of them or the heir of heirs assign or assigns of them or any of them or any other person or persons for him her or them or from him her or them by his her or their act assent or procurement shall at any time hereafter make any lawful claim challenge or disturbance in for or unto any of the lands and tenements aforesaid or any part thereof before herein demised and given to him the said
Jn Sames
or to them the said
Susan
Ann
Rebecca
Mary
and
Judith
or any of them against the tenor or purport of this my last will and testament and shall take away or recover from the other of my said demises or any of them or from the heirs and assigns of them or any of them any of the said lands and tenements or any part or parcel thereof to such of the same devised or any of them last mentioned and intended so before herein demised or given as is aforesaid whereby this my will shall not and may not be fulfilled and take effect according to my mind and meaning herein declared them I will that he she or they so being disturbed by any other of my said devisees or by the heirs and assigns of them or any of them as is aforesaid their heirs and assigns shall have in recompense of such lands and tenements and such part or portion as shall be recovered
(torn)
tenor of this my will and testament double so much of those other lands and tenements given or devised in this my will or of such part or portion thereof which hereafter shall or may come unto him her or them which so shall disturb recover and take away or cause to be taken away any of the said lands and tenements or any part thereof so devised by this my will against the tenor and intent of this my will thereof declared as is aforesaid any devise gift or article before in this my will contained to the contrary in any wise notwithstanding item I give and bequeath to all my godchildren except such as I have given special legacies unto by this my will to every of them 12d presently after my decease item I give and bequeath to my brother
Jn Brett
one angel of gold item I give and bequeath unto my kinsman
Hen Brett
6s8d of lawful money of England item I give unto
Mary Creake
one of my milch kine now remaining and being in the possession of
Jn Wells
of Tolshunt Darcy to be delivered within 1year next after my decease and also a quarter of wheat item I give unto
Susan Upcher
10s of lawful money of England and a pair of sheets to be paid and delivered unto her within one year after my death item I give unto
Jn Bridgeman
my servant that was 10s to be paid within three months next after my decease item I give and bequeath unto
Dorcas Brewer
that was my servant 3s4d item I give and bequeath and hereby do acquit and discharge
Rich Clarke
which sometime was my servant of 6s8d which he doth owe me item I do in like manner hereby acquit discharge
Porter
of Layer Bretton that married
Agnes Bryante
my late servant of 13s4d which he doth owe me item I give unto
Margt Wardall
my late servant 6s8d I give and bequeath unto
Rich Brewer
my late servant 3s4d I give and bequeath unto
Jn Hatch
Thos Fayrehed
Jn Allen
and
Jn Foster
my late servants 3s4d apiece I give unto
Lawrence Feadriche
my servant 3s4d and my new pair of boots and I do give unto
Margt Gynner
my maid servant 3s4d and a cow bullock of a year old that I have going on the common item I give unto
Wm Harres
my servant 3s4d item I give unto the aforenamed
Jn Sames
my best posted bedstead in my house at Renters with all the bedding furniture and implements to the same bedstead used or belonging to be taken at his choice and two pair of my best sheets and two long table cloths of the best and my table in my parlour with the bench and the stools thereto belonging and a livery table in the same parlour and I give and bequeath unto the said
Jn Sames
my long table in the hall with the bench and forms a cupboard
(torn)
all my stained clothes hangings and shelves in my house and all my leads and coppers as they be placed in the furnace my cheese lach and cheese press my best brass pot and great pouldring trough and great kneading trough and a pair of querns as they stand ready hanged and all my tubs barrels and vessels of coopers work of what sort quality or condition soever item I give unto the said
Jn Sames
a salt cellar silver and gilt item I give unto
Geo Sames
and
Jn Sames
the sons of the aforenamed
Jn
my daughter's son to each of them a spurryall of gold or 15s in other money item I give unto
Susan
and
Ann Aylett
to each of them one silver comb item unto
Rebecca
Mary
and
Judith Aylett
to each of them half a dozen of silver spoons item I give unto the forenamed
Mary Aylett
200li of lawful money of England which I will with all convenient speed to be made and raised by my said executors out of my goods cattle money and debts and then to be by them employed and laid out for and about the purchasing and assuring for and unto the said
Mary
and her heirs either those copyhold lands and tenements called Sturgences and Sayers in Dedham which I am at this present about to buy of
Thos Allen
of Walton or else some other lands and tenements of the like price and value provided always and nevertheless my mind is that if the surrender already drawn of the said copyhold tenements and premises do pass and take effect in my life time which is to be to the use of me the said
Jn Brett
for term of my life and after my decease the remainder hereof to the said
Mary Aylett
and her heirs that this my said gift and legacy of 200li to the said
Mary
shall be utterly void as if it had never been mentioned in this my will and testament item I give unto the said
Mary Aylett
my best posted bedstead in the new chamber complete and furnished as it standeth and two pair of sheets and I give unto the said
Susan Aylett
another posted bedstead of the best of the rest unbequeathed with the bedding and furniture thereunto be as it standeth and two pair of sheets and I give likewise unto the said
Ann Aylett
a posted bedstead with the bedding and furniture thereunto as it standeth and two pair of sheets item I give unto the said
Judith Aylett
a trundle bedstead and two of the worst featherbeds and two pair of sheets and my mind and will is that all the rest of my linen napeye brass and pewter before herein not given or bequeathed shall go remain and be unto the said
Susan
Ann
Rebecca
Mary
and
Judith Aylett
to be parted and delivered between them or the survivors of them as they shall severally come unto their several ages of twenty-one years or the days of their marriage which first shall happen and for the better preserving saving and keeping thereof until the time appointed and limited for the answering and delivery unto
(torn)
as it is aforesaid I will and hereby do require and charge my said executors that all the same linen napery and pewter with so much of the brass as conveniently may be safely be stowed and kept at my said house of Renters a special closet or cometh therefore already provided and appointed by me to that use with two several locks and keys of several wards to either of them whereof one key of the said closet to remain with the said
Jn Sames
my daughter's son and the other with
Wm Aylett
my son in law and I give unto
Thos Foakes
the son of
Thos Foaks
my sister's son 5li of lawful money of England which said 5li my mind and will is that my said executor within 5years next after my death shall pay and deliver over into the hands and custody of some trusty and able person at the discretion of my said executors to be employed to the advantage benefit and avail of the said
Thos Foaks
the son of
Thos Foaks
until his age of eighteen years and then the said 5li with the increase and benefit thereof to grow to be truly answered and paid unto the said
Thos
at his full age of eighteen years according unto the intent and meaning of my said will item I give unto the said
Thos Foaks
my sister's son one of my milch kine now being in the possession of the aforenamed
Wells
to be delivered within one year next after my death the residue of all my goods chattels ready money and whatsoever else I have or may dispose my funeral discharged my debts and legacies paid and this present last will and testament performed I give and bequeath wholly unto the said
Rebecca
Mary
and
Judith Aylett
or to the survivors or survivor of them then living to be parted and divided between them part and part like at the discretion of my overseer hereunder named and I make and ordain
Wm Aylett
my son in law and the said
Jn Sames
my daughter's son executors of this my present testament and last will to which verily
Wm
I give for his pains and travail herein to be taken 20s of lawful money of England and I desire my nephew
Jn Brett
the son of my brother
Giles
to be my overseer and to see this my testament performed so far as in him lieth to whom I likewise give for his pains herein to be taken 20s of like money these being witnesses by me
Jn Brett
Jn Wells
Thos Cheese