ID: MARG_470

TitleWill of Thomas Kyes yeoman of East Mersea
AbstractWill of Thomas Kyes yeoman of East Mersea 28 May 1647 transcribed from ERO: D/ACW 14/264

Transcription by Jools Hoyle March 2024

Will of Thomas Kyes, yeoman of East Mersea, made on 28 May 1647, when he was in poor health but still of good memory.
He leaves a house and land already in the occupation of his son John to him for his life, after which the property is to go to his grandson Thomas Jackoman (Jackman) or his heirs. If the grandson has no lawful heirs, the property then reverts to the testator's legal heirs. He also gives John the thirty sheep which are grazing the land given to him, as well as all of his clothes.
To his son Samewell (Samuel) he leaves the land and houses (both copyhold and freehold) called Wardes (Wards) which Samuel already occupies, and if Samuel has no legal heirs of his own when he dies, the properties should go to the living children of his daughter Elizabeth, equally divided between them, and then to their heirs. He directs Samuel to pay to his other son, John, while he lives, ten shillings every half year from the income from his inheritance.
He gives his married daughter Ann/Anne Rayner copyhold houses and lands called Munkines/Muntkines/Munkins and Stephenes/Stephens Pightle (pightle = a small field or enclosure) with the common land and pasture and everything pertaining to them, reverting to his own legal heirs if Anne has none of her own, although he stipulates that his wife Marye/Mary should first be allowed to continue there in quiet enjoyment, rent free for one whole year after his death, provided that she doesn't do any damage or lay waste to it. Anne is directed to pay ten shillings from the income derived from her inheritance to her brother John every six months for the rest of his life.
He gives fifteen pounds to Elizabeth, his daughter.
He gives forty shillings to his servant Marye/Mary Read, to be received by her when she turns twenty years of age.
He gives ten shillings to the poor of East Mersea.
He gives the rest of his property/goods to his wife Mary, who he appoints to be his executrix.

1.   In the name of god Amen the Eyghtandtwentye daye of Maye in the yeare of our lorde
2.   1647. I Thomas kyes of Eastem[er]seye in the Countye of Essex, yeoaman binge sicke
3.   of bodye bute perfecte in memorye thankes be gven to god do make this my laste
4.   will and testemente in maner and forme followinge fyrst I Comend my soule
5.   into the hande of Allmightye god my Crehatour and to Jesus Criste my redemer
6.   And my bodye to the Earth. the worldelye goodes which god of his mercye hath bestow\d/
7.   on me I gyve them as Followeth. I gyve to John [Note 1] my sonn the house and lande
8.   with the marshe and all the Apurttenance there unto belonginge wich he doth
9.   now dwell in to him for terme of his lyffe. And after his death I gyve the
10.   sayd house and \land/ with ther Apurtenance to Thomas Jackoman [Note 2] my grand Childe
11.   And to the heayers of his bodye lawfulye begotten and for wante of sutch esshewe to the
12.   Righte heyers of I: the sayd Tho[mas] Kyes. Allso I will thate Samewell [Note 3] my sonn shal
13.   paye to the said John my sonne everye hallf yeare solonge as he doth lyve oute
14.   of the lande which I do gyve to him teneshillinge Item I gve to Samewell my sonne all
15.   the houses and landes both coppye & free which hee hath in his occupation called
16.   wardes or by Anye other nam whatsoever it be called to him and his heyers lawfulle
17.   begotten of his bodye and for wante of sutch eshewe to the
18.   Chilldren of Elizabeth my daughter to be equalye devyded to
19.   thos that shalle be then lyvinge and to ther heyers. Iteme I gyve to An[n/e] Rayner my
20.   daughter my Coppyehoulde houses and landes Called munkines [Note 4] and stephenes pitckel [Note 5]
21.   with the comon and paster and All ther Apurtenanc belonge to them \and/ to her \and her/ heyers
22.   of her bodye lawfulle begotten and for wante of sutch eshew to the Righte heyers of
23.   Thomas Kyes the gyver I will that An:[n/e] my daughter shalle paye oute the landes
24.   gven to her tenneshillinges Everye hallf[e] yeare to John my sonne solonge as
25.   hee doth lyve Allso I do gyve to John my sonne the thertye sheepe which do
26.   gooe on the lande gven to him And I gve to him Alle my warringe Aparrell to be
27.   delivered by my Exetrex. Item I gyve to Elizabeth my daughter fyften pounde
28.   of good and lawfull monye of Inglande to be payd by mine Excetrix with in six months
29.   After my decease. Item I gyve to Marye Read my servante Fortye shillinges to
30.   be payd to her at the Age of xxty : yeares Item my will is that Marye my lovinge
31.   wyffe shalle dwelle and continewe quietelye and inioye all the pasteur & profetes
32.   of the houses & landes that is Called muntkines & stephenes pitckelles for the tyme
33.   of one hole yeare making no stripe or waste [Note 6] therone and to paye no rente for the
34.   same Item I gyve to the poore of the parrish of Eastem[er]sy \xs / to be payd within on month
35.   After my decease. at the descrecion of my Exctrix. Allo the reste of mye goodes
36.   Moveabell and Unmoveabell I gyve to Marye my lovinge wyffe which I do Apoynt
37.   to \be/ myne Exctrix to paye my deptes to performe my wille and to see my bodye
38.   simbelye [Note 7] bestowed in the Earth witnes this to bee my will I do sete my hand and
39.   seale the daye & year Above written in the presence of Richard Tho Fower
40.   Revokinge all other willes by mee hertofore made. Bonger [Note 8] RB his R his marke
41.           Marke
42.           And Tho: Harris
43.           Thomas Kyes
44.           his marke

1.   There is a John Keys/Kies/Kyes mentioned on the museum website, there are 2 Hearth tax entries, 1662 (2 hearths) and 1671 (4 hearths). I do not know whether it might be the properties mentioned in this will. John Kyes own East Mersea will is available on ERO website, ref D/ACW 18/128.
2.   Thomas Jackman's 1651 will has been transcribed and the transcription is available on the Museum's website, MARG _466 .
3.   A Samuel Keyes is listed as a churchwarden in 1639.
4.   A field called Munkins, in the ownership of Sir Marmaduke Peacock, occupied by Samuel Harvey (no 178) appears on the East Mersea Tithe Map from 1838, just over 10 acres, grid ref TM 051 152, possibly the same property.
5.   This could be a strange spelling of "pightle". OED says a pightle is a small field or enclosure.
6.   "making no stripe or waste" means that she should not spoil the land or cause any damage or destruction or lay waste to it. Stripe may sometimes be written as "strip". Estrepement is the legal term used for when wanton damage is caused to land, particularly by a tenant of rented land.
7.   This probably means "simply"
8.   There is a Richard Bonger/Songer/Banger mentioned in Thomas Jackman's will - MARG_466

1.   In the name of God Amen, (on) the twenty-eighth day of May in the year of Our Lord
2.   1647, I, Thomas Keys of East Mersea in the county of Essex, yeoman, being sick
3.   in body, but of perfect memory, thanks be to God, do make this, my last
4.   will and testament, in manner and form following: First, I commend my soul
5.   into the hands of almighty God my creator and to Jesus Christ my redeemer
6.   and my body to the earth. The worldly goods which God of his mercy has bestowed
7.   upon me, I give them as follows: I give to John, my son, the house and land
8.   with the marsh and all its appurtenances, which he
9.   currently occupies, for the term of his life. After his death, I give the
10.   said house and land with its appurtenances to Thomas Jackman, my grandchild,
11.   and to his lawful heirs and for want of such issue, to the
12.   legal heirs of me, the said Thomas Keys. Also, I will that Samuel, my son, shall
13.   pay to the said John, my son, every half year that he (i.e. John) lives, from
14.   his (i.e. Samuel's) inheritance, ten shillings. Item: I give to Samuel my son all
15.   the houses and lands, both copyhold and freehold, which he currently occupies, called
16.   Wards (or by any other name whatsoever it be called) to him and the lawful heirs
17.   begotten of his body and, for lack of such issue, to the <.legal heirs of Thomas
18.   Kyes, the giver>. [Note 1] children of Elizabeth, my daughter, to be equally divided to
19.   those that shall be then living, and to their heirs. Item: I give to Ann/e Rayner, my
20.   daughter, my copyhold houses and land called Munkins and Stephens pightle
21.   with the common and pasture and everything that pertains to them, and to the heirs
22.   of her body, lawfully begotten and, for want of such issue, to the legal heirs of
23.   Thomas Kyes the giver. I will that Anne, my daughter, shall pay from the lands
24.   given to her ten shillings every half year to John, my son, for as long as
25.   he lives. Also, I give to John, my son, the thirty sheep which
26.   are on the land given to him. I also give him all my wearing apparel (i.e. his clothes) to be
27.   delivered by my executrix. Item: I give to Elizabeth, my daughter, fifteen pounds
28.   of good and lawful money of England, to be paid by my executrix within six months
29.   of my death. Item: I give to Mary Read, my servant, forty shillings to
30.   be paid to her at the age of twenty years. Item: my will is that Mary, my loving
31.   wife, shall continue to live a quiet life enjoying all the pasture and profits
32.   of the houses and lands called Munkins and Stephens Pightle for the time
33.   of one whole year, not causing any damage or spoiling the land, and to pay no rent for
34.   it. Item: I give to the poor of East Mersea ten shillings, to be paid within one month
35.   of my death at the discretion of my executrix. Also, the rest of my goods,
36.   both moveable and unmoveable, I give to Mary, my loving wife, who I appoint
37.   to be my executrix, to pay my debts and to perform my will and to see that my body
38.   is simply buried. In witness of this to be my will I set my hand (i.e. signature) and
39.   seal on the day and year above written, in the presence of Richard Songer, Thomas Fower, and Thomas Harris,
40.   revoking all other wills made by me previously.

Note 1.   These words were deleted

SourceMersea Museum