| Abstract | Will of Walter Bynder husbandman of West Mersea 5 March 1610/11 transcribed from ERO D/ABW 7/24
Transcription and Translation by Jools Hoyle, September 2022
The translation to modern English is further down the page.
Abstract
Will of Walter Bynder, husbandman (farmer) dated 5 March 1610/11.
Legacies (to be paid at the Michaelmas following his death) consist mainly of sums of money left to relatives and friends including the four children of his deceased wife's earlier marriage. Any goods remaining after clearance of debts and expenses are to be shared equally between his beneficiaries but the only named items are the clothes and a cow which he leaves his to his executor (his brother Thomas).
Transcription
1. In the name of god amen the fift day of Marche in the eight yeare
2. of the Reigne of o[ur] soveraine lorde James by the grace of god
3. now Kinge &c in Anno D[om]ini 1610 [Note 1] I Walter Bynder of Westmer
4. sea in the Countie of Essex husbanman doe ordeine & make this
5. my last will & testament in manner & forme followinge first I be
6. queath my soule into the hands of almightie god, & my bodie to be
7. buried where it shall please god to appoint, It[em] I give & bequeth
8. Unto, Ellen my Mother the sume of tenn poundes of lawfull monie
9. of Ingland to be paide Unto hir at the feast of S[aint] Michall the
10. archangell [Note 2] next after my decease, It[em] I give Unto my sister
11. Elizabeth the sume of fiftie shillinges of lawfull monie of Inglande
12. to be paide at the michalmas next after my decease, It[em] I give
13. & bequeath Unto my brother Richarde Bynder fortie shillinges
14. at the michalmas next after my decease, Item I give Unto
15. Thomas Smith of Westmersea fiftie shillinges of lawfull monie
16. of Inglande to be paide at the Michalmas next after my decease
17. It[em] I give & bequeath Unto Robert Smith of Westmersea the
18. sume of fortie shillinges & Unto Ann his daughter tenn shillinges
19. to be all paide unto the saide Robert at the michallmas next
20. after my decease, It[em] I give Unto William Knapp of Layer
21. de lay [ Note 3] the sume of fortie shillinges and Unto William his sone
22. tenn shillinges to be all paide into the handes of the saide
23. William the father at the michalmas next after my decease
24. It[em] I give Unto Grace Smith my daughter in lawe the
25. sume of fortie shillinges to be paide at the michalmas next
26. after my decease, It[em] I give Unto my godchilde the sonne of
27. William Foule of Westmersea five shillinges to be paide to the
28. saide William Foule at the michalmas next after my decease
29. and I give Unto my goddaughter the daughter of William
30. Browne of Westmersea iijs iiijd [Note 4] to be paide at the saide
31. feast of michalmas next after my decease It[em] I give and
32. bequeath Unto my sister Rebeckka fortie shillinges to be paide
33. at the feast of S[ain]t Michall next after my decease, It[em] I give
34. Unto my brother John Bynder fiftie shillinges to be paide at
35. the saide feast of S[ain]t Michall next after my decease,
36. It[em] I give Unto my sister Marie tenn shillinges to be paide
37. at the saide feast of S[ain]t Michall next after my decease
38. It[em] I give Unto William the sonne of the foresaide Robert
39. Smith xx s [Note 5] of lawfull monie of Inglande to be paide into
40. the handes of Robert Smith his father at the michallmas
41. next after my decease, And I ordeine and make my brother
42. Thomas Bynder my sole execut[our] of this my last will and
43. testament and I give Unto him for his paines all my weare
44. inge apparell, and also one browne yonge Cowe, and
45. I will that he shall have his charges borne out of all my
46. goods about suche busines as he shall happen to have in
47. that he is execut[our] Unto this my will, and fu[r]there I will
48. and my meaneinge is that my debts beinge paide my legacies
49. discharged and all other Charges borne about my buriell &
50. proveinge my will that the overplus [Note 6] of all my goods that shalbe
51. remaineinge shalbe equally devided amongst All these here
52. named Vi[de]ll[i]c[i]t [Note 7] Ellen my mother, \my brothers/ Thomas Bynder Richard Bynder
53. John Bynder, my three sisters Elizabeth, Marie and Rebeck[k]a, and
54. the fower Children of my late wife deceased Vi[de]l[i]c[i]t Robert
55. Smith James Smith Ann the wife of William Knapp and
56. grace Smith p[ar]te & p[ar]te like amongst them to be devided
57. and so I revokeinge all foremer Wills I ordeine this to be
58. my only last Will and testament In witnes whereof I
59. have hereunto put my hande and seale the day and yeare
60. first above written these beinge Witnesses at my request
61. In the p[re]sence of Us Walter Bynder
62. Timo[thy} Hearne [ Note 8] his marke [Note 9]
63. George Clarke
64. William Jarvise
65. his marke
Notes
1. 1611 using modern calendar - until 1752 the legal New Year commenced on Lady Day - 25th March.
2. Michaelmas, (also known as the Feast of Saints Michael, Gabriel, and Raphael, the Feast of the Archangels, or the Feast of Saint Michael and All Angels) is a Christian festival observed in some Western liturgical calendars on 29 September. In some denominations a reference to a fourth angel, usually Uriel, is also added. Michaelmas has been one of the four quarter days of the financial, judicial, and academic year. In Christian angelology, the Archangel Michael is the greatest of all the angels and is honoured for defeating Lucifer in the war in heaven (Wikipedia)
3. Layer de la Haye
4. 3 shillings and 4 pence
5. 20 shillings
6. we would say "surplus"
7. we would say "viz.", or "namely"
8. Vicar of West Mersea from 1606-1620
9. Adding "his mark", rather than a signature, suggests that he was illiterate
Translation to modern English
1. In the name of God, Amen, on the fifth day of March in the eighth year
2. of the reign of our sovereign Lorde James, by the grace of God
3. now King etc [Note 1] and in the year of Our Lord 1610 [Note 2], I, Walter Bynder/Binder of West Mer-
4. sea in the county of Essex, husbandman [Note 3], ordain and make this,
5. my last will and testament, in the following way: First, I be-
6. queath my soul into the hands of almighty God, and my body to be
7. buried where ever God wills. Item [Note 4]: I give and bequeath
8. to Ellen, my mother, the sum of ten pounds of lawful money
9. of England, to be paid to her at the first feast of St Michael the
10. Archangel [Note 5] falling after my death. Item, I give to my sister,
11. Elizabeth, the sum of fifty shillings of lawful money of England
12. to be paid at the first Michaelmas after my death. Item: I give
13. & bequeath to my brother, Richard Bynder/Binder, forty shillings
14. at the next Michaelmas after my death. Item: I give to
15. Thomas Smith, of West Mersea, fifty shillings of lawful money
16. of England, to be paid at the first Michaelmas falling after my death.
17. Item: I give and bequeath to Robert Smith, of West Mersea, the
18. sum of forty shillings, and to Ann, his daughter, ten shillings
19. to be paid to the said Robert at the first Michaelmas falling
20. after my death. Item: I give to William Knapp of Layer
21. de la Haye, the sum of forty shillings, and to William, his son,
22. ten shillings, all to be paid into the hands of the said
23. William (the father) at the Michaelmas immediately following my death.
24. Item: I give to Grace Smith, my daughter-in-law [Note 6], the
25. sum of forty shillings, to be paid at the next Michaelmas
26. after my death. Item: I give to my godchild, the son of
27. William Foule of West Mersea, 5 shillings, to be paid to the said
28. William Foule at the first Michaelmas following my death
29. and I give to my goddaughter, the daughter of William
30. Browne of West Mersea, 3s.4d [Note 7]., to be paid at the said
31. feast of Michaelmas following my death. Item: I give and
32. bequeath to my sister Rebecca forty shillings, to be paid
33. at the feast of St Michael (i.e., Michaelmas) following my death. Item: I give
34. to my brother, John Bynder, fifty shillings, to be paid at
35. the said feast of St Michael following my death.
36. Item: I give to my sister Marie/Mary, ten shillings to be paid
37. At the said feast of Saint Michael following my death.
38. Item: I give to William, the son of the aforesaid Robert
39. Smith, 20s. of lawful money of England, to be paid into
40. the hands of Robert Smith, his father, at the Michaelmas
41. following my death. I ordain and make my brother,
42. Thomas Bynder, the sole executor of this, my last will and
43. testament and, for his pains, I give to him all my wear-
44. ing apparel (i.e., clothing) and also, one young brown cow.
45. I will that he shall have his costs borne out of all my goods
46. in so far as they are incurred in carrying out his duties
47. as executor of my will. Furthermore, I will,
48. and my meaning is, that once my debts are paid, my legacies
49. discharged and all other costs covered for my burial and
50. for proving my will, the surplus of any of my possessions which
51. remain shall be divided equally amongst all these here
52. named: viz. Ellen, my mother, my brothers Thomas Bynder, Richard Bynder
53. and John Bynder, my three sisters, Elizabeth, Mary and Rebecca and
54. the four children of my late wife deceased, namely Robert
55. Smith, James Smith, Ann (the wife of William Knapp) and
56. Grace Smith to be divided equally amongst them.
57. And so, I, revoking all former wills, ordain this to be
58. my only last will and testament, in witness of which I
59. have hereunto set my hand and seal the day and year
60. written above, these (people) being witnesses, at my request.
61. In the presence of us: Walter Bynder
62. Timothy Hearne (his mark)
63. George Clarke
64. William Jarvise/Jarvis
65. (his mark)
Notes
1. He was styled: "King of England, Scotland, France and Ireland, Defender of the Faith etc". He issued a proclamation in 1604 allowing the use of "King of Great Britain", but although this was commonly used to refer to him from that date, it was not statutory and did not appear on legal documents. It was, however, used on coinage.
2. 1611 using modern calendar - until 1752 the legal New Year commenced on Lady Day - 25th March.
3. farmer
4. Or: "also"
5. Michaelmas, (also known as the Feast of Saints Michael, Gabriel, and Raphael, the Feast of the Archangels, or the Feast of Saint Michael and All Angels) is a Christian festival observed in some Western liturgical calendars on 29 September. In some denominations a reference to a fourth angel, usually Uriel, is also added. Michaelmas has been one of the four quarter days of the financial, judicial, and academic year. In Christian angelology, the Archangel Michael is the greatest of all the angels and is honoured for defeating Lucifer in the war in heaven (Wikipaedia)
6. Possibly his step-daughter, rather than daughter -in-law
7. 3 shillings and 4 pence of pre-decimal currency
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