/ Will of John Kidby, Rector of Shenfield, 1693/94

ID: MARG_183_011
TitleWill of John Kidby, Rector of Shenfield, 1693/94
AbstractWill of John Kidby, Rector of Shenfield, 16 March 1693/4 and Probate Clause dated 7 June 1694 transcribed.
There is a translation to Modern English further down the page
Document source: London Metropolitan Archives via Ancestry.co.uk

Transcriber Jools Hoyle 6 April 2021

1.In the name of God Amen I John Kidby Rector of Shenfield in the County of Essex being of good understanding and memory thankes be
2.to God for the same doe make and ordeine this my last Will and Testament in manner and forme following that is to say first and principally
3.I com[m]end my Soule into the hands of Allmighty God my blessed Saviour and redeemer assuredly hopeing that by the merritts of Jesus Christ
4.my soule and body shall everlastingly be saved and my body I com[m]it to the earth to be decently buryed att the discretion of my Executrix
5.hereinafter named and as for such temporall estate as it hath pleased God of his goodnesse to bestowe upon me I dispose thereof as followeth
6.first my will and desire is and I doe hereby declare the same to be that my loveing wife Anne Kidby shall receive yearely and every yeare
7.dureing the terme of her naturall life one hundred pounds p[er] Ann[um] of lawfull money of England free from all manner of charges whatsoever
8.issueing and to be issueing out of all and singular my Lands tenements hereditaments and estate whatsoever in any Towne or parish w[i]thin the
9.said County of Essex (except out of my Wood or Coppice in Great Henney and Little Henney and my Marsh Lands in Latchingdon in the said County)
10.   in full satisfacc[i]on of her Thirds [Note 1] or Dower [Note 2] Item I give devise and bequeath unto my Grandsonne Edmund Kidby my Sonn Johns Sonne the sum[m]e of
11.Five hundred and fifty pounds of lawfull money of England to be paid unto him by my Executrix herein after named when he shall attaine unto
12.the age of One and twenty yeares and unto my Granddaughter Elizabeth Kidby the sum[m]e of three hundred and fifty pounds of like lawfull
13.money to be paid unto her when she shall likewise attaine unto her full age of One and twenty yeares by my Executrix hereinafter named and unto my
14.Grandsonne John Kidby I likewise give and devise the sum[m]e of One hundred pounds of like lawfull money to be paid unto him by my said Executrix
15.when he shall attaine unto the age of One and twenty yeares And in case either of my said Grandchildren Edmund or Elizabeth shall happen to dye
16.before he or she shall attaine to his or her respective age of One and twenty yeares and my said Grandsonne John shall be then liveing my Will is
17.that the portion of him or her soe dyeing shall be devided betweene the said John and the surviveing Childe But in case my said Grand Sonne John
18.Kidby shall \dye/ before he shall attaine unto the said age of one and twenty yeares and w[i]thout issue of his body lawfully begotten then my Will is that
19.my said Grand sonne Edmund Kidby shall have only the sum[m]e of One hundred pounds payable as aforesaid But my will and minde is and I
20.do hereby expressly declare that in case my daughter in Law M[rs] Dorothy Kidby doth not pay unto my Sonne in Lawe M[r] John Hawkins the sum[m]e
21.of sixty seaven pounds and od shillings by him lent to or laid out by the request of my said Sonne John Kidby dec[ease]d for Bullocks w[i]th Interest for
22.the same w[i]thin one yeare next after my decease that then the respective Legacyes by me given unto my said Grandchildren Edmund, John and
23.Elizabeth Kidby shall cease and never be payable or paid to them or any or either of them but the whole Interest thereof shall wholly devolve
24.and goe unto my beloved wife Item I give and bequeath unto my said Sonne in Lawe Hawkins and to my beloved daughter his wife to each
25.of them one hundred pounds of lawfull money of England to be respectively paid unto them w[i]thin foure yeares next after my decease by my
26.said Executrix Item I give to the poore of the parrish of Shenfield the Sum[m[e of five pounds to be distributed among them at the discretion of
27.my said Executrix Item I give devise and bequeath unto my beloved Sonne Edmund Kidby and to his heires for ever All that my Coppice or Wood
28.scituate lyeing and being in Great Henney and Little Henney aforesaid or in one of them and conteineing by estimac[i]on twelve acres be the
29.same more or lesse. As alsoe All my Marsh or Marsh ground lyeing and being in Latchingdon aforesaid and now in the tenure or occupac[i]on of
30.Edward May and conteineing by estimac[i]on foure score Acres be the the same more or lesse and all my right title and Interest whatsoever therein and
31.thereto to be by him sold w[i]th what convenient speed he can towards the raiseing of money for the purchaseing of an estate to be setled upon my
32.daughter in Lawe Anne Kidby according to my Agreement before my said sonne Edmunds marriage Item I further give devise and bequeath
33.unto my said \sonne/ Edmund Kidby and to his heires for ever All that my Mannor of West Mersey als [Note 3] West Mersey Hall w[i]th all and singular its
34.rights members and appurten[au]nces now anywise belonging unto me And all and singular my Messuages [Note 4] lands tenements and hereditaments
35.whatsoever in the parrish of West Mersey in the said County of Essex together w[i]th the Rectory or parsonage Impropriate [Note 5] of Westmersey afore-
36.said w[i]th all manner of tythes whatsoever thereunto belonging or in any wise app[ur]teineing To have and to hold the said Mannor Messuages Lands
37.tenements Rectory or parsonage impropriate hereditaments and p[re]misses w[i]th all and singular its rights members and appurten[au]nces unto my
38.said Sonne Edmund Kidby his heires and Assignes for ever Item I further give devise and bequeath unto my said Sonne Edmund Kidby and to
39.the heires of his body lawfully begotten or to begotten All and singular my Messuages Lands Tenements Copperas howse [Note 6] and hereditaments
40.whatsoever thereunto belonging scituate lyeing and being in Walton in the Socken [Note 7] in the said County of Essex And for want of such issue I give
41.and devise one Moyety [Note 8] or halfe parte thereof unto my said daughter Mary Hawkyns and to the heires of her body lawfully begotten or to begotten
42.And the other Moyety or halfe parte thereof I give and bequeath unto my said Grandsonne John Kidby and to the heires of his body lawfully
43.begotten or to be begotten And for want of such issue I give the same unto my said Grandsonne Edmund Kidby and to his heires for ever But my Will
44.and minde is And I doe hereby declare the same to be that in case a Moyety of the said Lands and Tenements at Walton in the Socken shall
45.happen to discend or come unto either of my said Grandchildren John or Edmund Kidby that the said John Hawkyns shall have the management
46.thereof for either of my said Grandchildren John and Edmund untill he shall attaine to the age of One and twenty yeares soe that neither their
47.Mother nor any of her relac[i]ons shall have any power thereof nor intermeddle therew[i]th, And I doe hereby declare that my will and minde is that all
48.my Lands and Tenements and estate whatsoever at Walton in the Socken aforesaid shall be lyable and subject to and are hereby charged w[i]th the
49.payment of the sum[m]e of One hundred pounds p[er] Ann[um] unto my said wife dureing her naturall life the same to be paid halfe yearely that is to say at
50.Mich[aelm]as9 and Lady day[ Note 10] by even and equall porc[i]ons as alsoe w[i]th the payment of all and singular my debts and beforemenc[i]oned Legacyes Item all
51.thereof residue and remainder of my said estate of what nature or kind soever the same is of after my debts and Legacyes are paid and my funerall
52.charges are discharged I give and bequeath unto my said loveing wife Anne Kidby who I make ordeine and appoint sole Executrix of this my last
53.Will and Testament and I doe hereby revoake all former and other Will and Wills by me formerly made and I doe declare this to be my last Will and
54.Testament. In Witnesse whereof I the said John Kidby the Testato[r] have hereunto sett my hand and Seale this Eighteenth day of March in the Sixthe
55.yeare of the Reigne of our Sov[er]aigne Lord and Lady King William and Queene Mary of England &c Annoq[ue] D[omi]ni [Note 11] 1693/94 [Note 12]
                              Jo[hn] Kidby
56.Signed sealed and published by the said testator
57.to be his last Will and Testament in the p[re]sence of us
58.after the words Dye (Sonne) and parrish inter
59.lined [Note 13]       Jane Weald
        Richard Lambert
        Tho[mas] White [Note 14]
        Da[vid] White[Note 15]

Note 1 The third of the personal property of a deceased husband allowed to his widow. Also, the third of his real property to which his widow might be legally entitled for her life 
Note 2 The portion of a deceased husband's estate which the law allows to his widow for her life. 
Note 3 'als' is an abbreviation for 'alias', often used when an estate has alternative names (in this case, the addition of 'Hall')
Note 4 Originally: a portion of land occupied, or intended to be occupied, as the site for a dwelling house and its appurtenances. In later use (chiefly Law): a dwelling house together with its outbuildings and the adjacent land assigned to its use
Note 5 belonging to the benefice
Note 6 A name given from early times to the protosulphates of copper, iron, and zinc (distinguished as blue, green, and white copperas respectively); etymologically it belonged properly to the copper salt; but in English use, when undistinguished by attribute or context, it has always been most commonly, and is now exclusively, applied to green copperas, the proto-sulphate of iron or ferrous sulphate (Fe SO4), also called green vitriol, used in dyeing, tanning, and making ink. Large amounts of copperas were manufactured in Essex and copperas houses (factories) are known to have existed at both Walton and Brightlingsea.
Note 7 the origin of this place name (seen today in place names such as Kirby le Soken) has its roots in a Saxon word, soc or soca, meaning an area with the right of local jurisdiction; a power, authority, or privilege to minister justice, and execute laws
Note 8 a half; one of two equal parts
Note 9  The feast of St Michael (St Michael and all Angels), one of the quarter days in England, Ireland, and Wales; the 29th September.
Note 10 25th March, the day of The Feast of the Annunciation
Note 11 and in the year of our Lord
Note 12 two years are given here to reflect the fact that until 1752 the calendar year ended on March 25th
Note 13 the witnesses are confirming that the inserted words had been added before they signed the will
Note 14 This man was Steward at Kidby's WM manor court
Note 15 not a very common name: it could also be Daniel


Probate clause, Will of John Kidby, Rector of Shenfield, 1693/4
Transcribed and translated by Jools Hoyle 6 April 2021

[Below probate text) Johannis Kidby Cl[er]ici probat
7 Junij 1694

1.   Probatum fuit Testamentum suprascriptum
2.   Septimo die mensis Junij Anno D[omi]ni 1694 coram Venerabile
3.   et Egregio Viro D[omi]no Thoma Pinfold Mil[i]te Legum Doctore
4.   Surrogato Ven[erabi]lis et Egregij Vire Henrici Newton Legum
5.   etiam Doctoris Reverendi in Christi Patris ac D[omi]ni D[omi]ni
6.   Henrici permissione d[om]ino London Episcopi Vicarij in
7.   Spiritualibus Generalis et Officialis Privil[egi]is l[egi]time constituti
8.   Juramento Annae Kidby Vidua Relicta dicti def[unc]ti
9.   et unice Executricis in dicto Testam[en]to nominata Cui
10.   com[m]issa fuit Administratio omnium et singular[um] Bonor[um] &c
11.   de bene &c jurat

1)   The above written will was proved
2)   on the seventh day of the month of June in the year of our Lord 1694 before the venerable
3)   and distinguished gentleman Master Thomas Pinfold [Note 1] Knight, Doctor of Laws
4)   Surrogate of the venerable and distinguished gentleman Henry Newton [Note 2]
5)   also Doctor of Laws, Reverend Father in Christ and the Lord,
6)   by the permission of Henry, Lord Bishop of London,
7)   Vicar-General in spiritual and official prerogatives, legitimately appointed
8)   by the oath of Anne Kidby, widow and relict of the said deceased
9)   and sole Executrix named in the said Testament, to whom
10)   was granted administration of all and singular the goods and chattels
11)   to well [and faithfully administer the will] &c., sworn [this is a commonly abbreviated phrase at the end of most wills]

1)   7 Junij 1694 7th June 1694
2)Anna Kidby Rel[i]ca et Executrix jurate   Anne Kidby relict and Executrix was sworn
3)fuit coram me Fiat probat[um]before me. It is proved.
4)Tho[mas] Pinfold Sur[rogatum]Thomas Pinfold, Surrogate

Note 1. Sir Thomas Pinfold LLD 1638-1701. Owner of Walton Hall in Bucks (now part of the OU headquarters site). London lawyer, holder of the office of Admiralty Advocate in 1685, and also Chancellor of the Diocese of Peterborough
Note 2. Henry Newton 1651-1715. British judge and diplomat, Doctor of Civil Law, Master of St Katharine's by the Tower (a church and hospital which stood on the site now occupied by St Katharine Docks) and, like Pinfold, a holder of the office of Admiralty Advocate between 1674 and 1704. He received a Knighthood in the year of his death.


Translation to Modern English by Jools Hoyle 6 April 2021

1.     In the name of God, Amen. I John Kidby, Rector of Shenfield in the county of Essex, being of sound mind and good memory, thanks be
2.to God, make and ordain this, my last will and testament, as follows: Firstly, and principally,
3.I commend my soul to Almighty God my blessed saviour and redeemer, in the certain hope, by the grace of Jesus Christ,
4.of eternal salvation. I commit my body to the earth to be decently buried at the discretion of my Executrix,
5.named below. As for such earthly possessions as it has pleased God in his goodness to bestow upon me, I dispose of these as follows:
6.First, it is my will and desire, and I declare it here, that my loving wife Anne shall receive each and every year
7.for the rest of her life, one hundred pounds (per annum) of the lawful money of England, free from any charges whatsoever,
8.from the income from any of my landholdings, buildings, rights and dues and other estate whatsoever, in any town or parish
9.within the said county of Essex (except from my wood or coppice at Great Henny and Little Henny [Note 1] and my marshlands in Latchingdon Note 2] in the said county)
10.in full satisfaction of her thirds [Note 3], or dower [Note 4]. Item: I give, devise and bequeath to my grandson, Edmund Kidby (my son John's son) the sum of
11.five hundred and fifty pounds of lawful English money to be paid to him by my Executrix, named below, when he reaches
12.the age of twenty-one years, and to my granddaughter, Elizabeth Kidby, the sum of three hundred and fifty pounds of the same lawful
13.money to be paid to her when she too reaches her full age of twenty-one years, by my Executrix named below, and to my
14.grandson John Kidby I likewise give and devise the sum of one hundred pounds of lawful money to be paid to him by my said Executrix
15.when he reaches the age of twenty-one years. In case either of my said grandchildren Edmund or Elizabeth should die
16.before he or she reaches the age of twenty-one, and if my grandson John is still living, my will is
17.that the portion that would have gone to the one who has died shall be divided between the said John and the other surviving child. If my grandson John
18.Kidby dies before reaching the age of twenty-one, and if he has no legitimate children, then it is my will that
19.my said grandson Edmund Kidby should only receive the sum of one hundred pounds, payable as stated before. But my will and mind is, and I
20.expressly declare it here, that in the event that my daughter in law Mrs Dorothy Kidby should fail to pay to my son in law Mr John Hawkins the sum
21.of sixty-seven pounds lent or paid out by him at the request of my said son John Kidby deceased, for bullocks, with interest for
22.the same (ie for the loan) within one year after my death, that then the respective legacies given by me to my grandchildren Edmund, John and
23.Elizabeth Kidby shall cease and never be payable or paid to any of them and that the entire amount shall pass in total
24.to my beloved wife. Item: I give and bequeath to each of my said son in law Hawkins and to my beloved daughter his wife
25.one hundred pounds of lawful English money to be respectively paid to them within four years after my death by my
26.said Executrix. Item: I give to the poor of the parish of Shenfield the sum of five pounds to be distributed amongst them at the discretion of
27.my said Executrix. Item: I give, devise and bequeath to my beloved son Edmund Kidby and to his heirs for ever, all of my coppice and woodland
28.situated in Great Henny and Little Henny aforesaid, or in one of them and each estimated to contain twelve acres
29.more or less. Also, my marsh or marshland at Latchingdon aforesaid, which is in the tenure or occupation of
30.Edward May and each estimated to contain four score (80) acres more or less, together with all my rights, with all interest whatsoever in them
31.or from them, to be sold by him (ie Edmund) as soon as possible in order to raise money for the purchase of an estate to be settled upon my
32.daughter in law Anne Kidby according to my agreement made before my said son Edmund's marriage. Item: I further give, devise and bequeath
33.to my said son Edmund Kidby and to his heirs for ever, all of my Manor of West Mersea (otherwise known as West Mersea Hall) with all
34.rights, dues and privileges associated with it which belong to me; all my houses, land, buildings and other rights and dues
35.whatsoever in the parish of West Mersea in the said county of Essex, together with the Rectory or parsonage belonging to the benefice of West Mersea afore-
36.said, with all tithes whatsoever belonging or relating to it, to have and to hold the said manor, houses, land
37.buildings, rectory or parsonage belonging to the benefice, the rights and dues, premises and all else relating to it to my
38.said son Edmund Kidby, his heirs and assigns for ever. Item: I further give, devise and bequeath to my said son Edmund Kidby and to
39.his legitimate children, all my houses, land, land holdings, Copperas [Note 5] factory and all property and rights
40.whatsoever belonging to them, situated in Walton le Soken (now Walton on the Naze) in the said county of Essex. If he should have no legitimate heirs, I give
41.and devise one moiety or half of it to my said daughter Mary Hawkins and to her legitimate heirs
42.and the other moiety or half of it I give and bequeath to my said grandson John Kidby and to his legitimate heirs.
43.If he should have no legitimate heirs, then I give the same to my said grandson Edmund Kidby and his heirs for ever. But, my will
44.and mind is, and I declare it, that if a moiety of the said land and property at Walton le Soken should
45.happen to descend to either of my said grandchildren John or Edmund Kidby, that the said John Hawkins shall manage
46.it for either of my said grandchildren John and Edmund, until they reach the age of twenty-one, so that neither their
47.mother, nor any of her relations shall have any power over it, or meddle with it. I do hereby declare that my will and mind is that all
48.my lands, property and estate whatsoever at the aforesaid Walton le Soken shall be liable and subject to, and are hereby charged with, the
49.payment of the sum of one hundred pounds each year to my said wife during her lifetime, payable half yearly
50.at Michaelmas (29th September) and Lady day (25th March) in equal instalments as also the payment of all my debts and legacies mentioned before. Item: All
51.of the residue and remainder of my estate of whatever kind or nature that is left after my debts and legacies are paid and my funeral
52.expenses are met, I give and bequeath to my said loving wife Anne Kidby, who I make, ordain and appoint sole Executrix of this my last
53.Will and Testament. I hereby revoke any and all other wills made by me before and declare this to be my last Will and
54.Testament. In witness of which I, the said John Kidby, the testator, have set my signature and seal to it this eighteenth day of March in the sixth
55.year of the reign of our sovereign Lord and Lady, King William and Queen Mary of England, etc, and in the year of our Lord 1693/94
            John Kidby
56.signed sealed and published by the said testator
57.to be his last Will and Testament in the presence of us,
58.after the words 'Dye', '(sonne)' and 'parrish' were inserted into the document [interlined]
59.        Jane Weald
        Richard Lambert
        Thomas White
        Daniel [or David?] White

Note 1 Great and Little Henny lie close to the Essex/Suffolk border, near Sudbury
Note 2 Latchingdon lies on the B1018 about 6 miles SSE of Maldon, on the edge of the Dengie peninsular
Note 3 The third of the personal property of a deceased husband allowed to his widow. Also, the third of his real property to which his widow might be legally entitled for her life
Note 4 The portion of a deceased husband's estate which the law allows to his widow for her life. 
Note 5 A name given from early times to the proto-sulphates of copper, iron, and zinc (distinguished as blue, green, and white copperas respectively); etymologically it belonged properly to the copper salt; but in English use, when undistinguished by attribute or context, it has always been most commonly, and is now exclusively, applied to green copperas, the proto-sulphate of iron or ferrous sulphate (Fe SO4), also called green vitriol, used in dyeing, tanning, and making ink. Large amounts of copperas were manufactured in Essex and copperas houses (factories) are known to have existed at both Walton and Brightlingsea.

SourceMersea Museum
IDMARG_183_011