ID: MARG_511

TitleWill of John South of West Mersea 1567
AbstractWill of John South, West Mersea dated 26 September 1567, proved 6 October 1567 transcribed from ERO D/ACR 6/45/2

Transcription by Sue Howlett, checked by Trevor Hearn, November 2022

[Individuals named]
Testator: John South,
Wife: Jane South;
Brother: William South;
Sister: Margaret;
Elder son: William South;
Younger son: John South (both under age);
Uncle: John Durrell, to be guardian of testator's son, William;
William Mason of Fingringhoe to be guardian of testator's son, John;
Manservant: Mariell
Sole executor: [Uncle] John Durrell;
Supervisor of will: William Mason
Witnesses: John Durrell, John [Egle?] South, William Mason, bailiff, Master Rothell, Thomas Sheperd

Named Properties
Sewals, New Marke, Drywalls, Pete field, Pond Field, Gosling Acre.

To wife, Jane, if with child:
testator's house plus lands scalled Sewals and New Marke for her life, then to her child.
If not pregnant, or child dies, house and lands go to Jane. If these are sold, Jane to pay value of house and lands to executor, to pay creditors or otherwise to vacate the property. Jane to receive half household goods plus various animals, and other items including hay, straw and firewood.
To William Mason: the testator's house at Fingringhoe, while bringing up the testator's son, John for the next 12 years, then John to inherit the house.
To John Durrell (testator's uncle): profits of testator's house 'Drywalls' and lands for unspecified years, then property to testator's son William. Each of the testator's two sons to be the other's heir.
To testator's brother, William: 20 shillings 'for the time he hath served with me', plus items of clothing. Items of clothing including male and female petticoat bequeathed to testator' sister, Margaret, and manservant, Mariell.

the last will and testament of John South
In the name of god amen 26 daie of September An[n]o d[omi]ni 1567
I John South of west m[er]sey et c[etera] Do make this my will
And Testa[me]nt et c[etera] First I com[m]it my Souleto Allmight[y]
god et c[etera] It[e]m I geve to Jane my wife my howse and ground
called Sewals lands and new marke for terme of her lyfe
& yf She be w[i]t[h] childe then aft[er] her Death to the sayde
Childe yf She be not w[i]t[h] childe of yf the childe die then
I geve the Sayd howse and grownd to Jane my wife
to geve and to sell Uppon this condicion that the sayd
Jane my wife Shall paie or cause to be p[ai]d all suche
Sumes of monie that ought to be p[ai]d for the sayde
howse and ground viij Dayes Be fore the feast of
thann[un]ciation of o[ur] ladie next com[m]ing unto the hand[es] of
my exec[utor] to repaie it againe to my Creditors or els to be
voyd of the sayd howse and ground & yf the sayd Jane willnot
paye or cause to be paid the sayd monie then I will my
exec[utor] Shall paye the sayd monie to those of my Sonne
W[illia]m & so my exec[utor] to enioye the sayd howse and ground untill
the sayd monie be com[m]e oute & aft[er] that I geve the sayd
howse to my sonne W[illia]m It[e]m I geve my sayd wife halfe
my howsholde (ij Silver spones & a whistell excepted ij
beaste and ten shepe that she brought to me w[i]t[h] one other

[Sheet 2]

Shepe and acolt [a colt] a [winnowing] fanne and halfe of wheat a reasonable lode of
haye & a Reasonable lode of strawe It[e]m I geve unto her my
waffer Irons [Note 1] & a q[uar]t[er] of chesse Allso I geve unto the said
my wife all my woode that I have provided for \the/ winter burning
yf She will favvur her to burne it & or els not Allso I wil
that w[illia]m mason of fingrigo Shall have my Sone John, and he
to have for his paynes for the bringing \up/ of the said John for
the Space of xij yeares my house and ground at fyngrygo for
the said xij years & yf the said w[illia]m masone doe dye before the
Sayd xij yeares be expired then I will my Son[n]e John to
remaine to my exec[utor] & yf the said John die before the said
xij yeares be expired then I will my sonne will[ia]m to be his
heire allso I will my unckle John Durrell shall have all
the p[ro]fitt[es] of my howse & grownd called drywalls / pet[e] feilde
& pond feild. & gostling aker for the Space of my yeares to
Bring upe my Sonne w[illia]m & yf the s[aid] w[illia]m die before the
sayd yeares be expired then the p[ro]fitts there of to remaine
to my Sonne John for the Space of the sayd yeares his cost[es]
& charg[es] all waies Discharged allso I geve to my brother W[illia]m xx s[hillings]
for the tyme he hath served w[ith] me my best cote my best breches
my best clok & my best dublet & my best peticote [man's waistcoat] I geve to my
man [servant] Mariell xx s for the tyme that he hath bene w[i]t[h] me allso I geve
to my Sist[er] m[ar]gar[et] a pece of red cloth to make her a peticote allso
I geve to my Sonne w[illia]m ij Silv[er] Spones & awhistell & yf the said w[illia]m
Die then to remaine to my sonne John all the rest of my good[es]
unwilled I geve to my unckle John Durrell my dettes p[ai]d & yf
their be anie ov[er] plus I geve the same to my son[n]e w[illia]m & yf the said
w[illia]m die then I geve the same to my sonne John I geve to my
Unckle John my exec[utor] for his paines xls allso I make my
Unckle John Durrell my sole exec[utor] & w[illia]m mason my sup[er]viser
& he to have for his paines iijs iiijd. & I Surrender my house &
Ground in fingri[n]go into the hand[es] of the lord to thuse [the use] of my will
in p[rese]ns of John Durrell John egle[?] South w[illia]m mason
Bayliff witnes m[aster] Rothell Thom[a]s Shep[er]d

Probate clause with translation:
Probatum fuit hoc testa[me]nt[um] apud Colc' vjo die
octobris anno d[omi]ni 1567 Cora[m] mag[ist]ro Adamo
Richardson Officiale Arch[idiaco]n[atu]Colc' et c[etera]

[This testament was proved at Colchester on 6 October 1567, before Master Adam Richardson, official of the archdeaconry of Colchester, etc.]

Note 1 Wafering/waffring iron: either (i) a leather tie or rope used particularly for binding a load to the back of a cart or (ii) baking iron used for making crisp cakes or wafers (Source: The Local Historian's Glossary of Words and Terms - Joy Bristow)

Published26 September 1567
SourceMersea Museum