ID: MARG_528

TitleWill of Thomas Baw, seafaringman of East Mersea, 1594
AbstractWill of Thomas Baw, seafaringman of East Mersea 23 September 1594 transcribed from ERO D/ACW 2/160

Transcription by Elaine Barker August 2023

This will of Thomas Baw, a seafaring man of East Mersea, was written on 23rd September 1594. He first commends his soul to God and Jesus and bequeaths his land called Puppins in East Donyland to his wife, Alice, for the rest of her natural life. She also receives his tenement and freehold land in East Mersea for the next fifteen years if she remains a widow but ten years if she remarries. A condition of the bequest is that she maintains the property in good repair.

Should Alice be pregnant she is to use the income generated by the lands and property towards to education and upbringing of the child during its minority. The property and land are to be inherited by the unborn child and its heirs following the expiration of his wife's entitlement.

No trees are to be lopped or felled by his brother, William Baw, whom it would appear was managing the land.

Alice is to appoint a guardian for the child in the event of her death before the child reaches 15 and £4 a year is to be spent by the guardian on the education and upbringing of the child. Should it be a boy then an additional 20 shillings annually is to be granted towards his education.

Baw appoints his wife Alice and his brother William executors.

A piece of gold is bequeathed to William Smith who is to be the will's supervisor and stand in for either executor should they refuse to prove the will.

The witnesses are Thomas Harris and John Gibb

In the neame of god amen the iij day of September in the year
of o[ure] lord god 1594 in the xvj year of the raigne of Queen
Elizabeth &c[etera] I Thomas Baw of Eastm[er]sey in the countie of
Essex Seafaringe man, Cons[i]deringe that this mortall lyfe
is uncertayne and that death in this world is most certayne
do ordayne and make this my last will and teastement in
maner & forme Followinge; Firste I Comende my Soulle
into the hand[es] of Almightie god my Creator and to Jhesus
Christe my alone saviour and my Body to the Earthe
I give my land[es] called Puppins or by what so ever other
neame or neam[es] soever it is called or knowen by beinge
Customarie or copiehoulde lyinge and beinge in the p[ar]ishe
of Eastdonilond, unto Allice my wyf duringe hir
naturall lyf; It[e]m I give unto Allice my wyf my
Tenement & Free lond[es] lyinge in the p[ar]ishe of Eastm[er]sey
for the terme of fyvetene year[es] yf she so longe shall lyve
And kepe hir self a wydow mayntaininge upouldinge and
kepinge in sufficiente rep[ar]acions all those my houses and
Bulding[es] duringe the teyme that she doth Inioye [enjoy] the
seame \and at the end of the terms aforsay so to leve them in good rep[ar]acion/ and yf she happen to be maried then my meaning
is that she shall houlde & injoye the seame land[es] & tenement[es]
\in Eastm[er]sey/ for the terme of tenn year[es] next after my decease and no
longar. Item I wyll yf it Happen Allis my wyf tobe
w[i]th Childe by me then my wyll & meaninge is yf the Child
do leve; Then she shall have my tenement & Fre lond[es]
in Eastm[er]sey befor menshioned Toward[es] the edeucation and
bringinge up of of my sayd childe duringe the Nonage [Note 1]
It[e]m I wyll yf my sayd child do dey before the Age of xven [15]
year[es] then I wyll my wyf shall injoye the sayd land[es]
as it is above bequeathed; It[e]m I give & bequeathe
unto the sayd Childe yf it \be a manchilde and/ happen to leve all those my land[es]
and tene[me]nt[es] in Eastm[er]sey & Eastdonilond After the terms
expired to my wyf bequeathed \unto him & his heyer[es] [heirs] for ever/ And if it be A woman
child Then I give all those my land[es]and tenement[es] in
Eastm[er]sey and Eastdonilond unto hir & to hir heyer[es] of
hir Bodey lawfulley begotten; After the teyme unto my wyf
befor bequeathed be Fulley expeyred

Page 2

It[e]m I wyll that the sayd willia[m] Baw nor non[e] other for him
or his assignes shall lopp or fell any wood or trees upon
any of the p[re]mises duringe the tyme that he shall have the
Costedie therof; Exept only for necessarie hedgeboot [Note 2] or
Tymber to be expended upon the p[re]misses and not els wher
to be taken at tyms convenient; It[e]m I wyll that yf Alis
my wyf do dey befor my sayd child do come to the age of xv
year[es] then I wyll that she shall chouse and apoynte a gardener [guardian]
for my childe at hir dischression, to educate & bringe up my
sayd child untill it do come to the full age of xv year[es]
And I give unto the sayd gardener that my wyf shall
so chuse iiij our li. [£4] a yeare to be payed out of my sayd land[es]
yearley toward[es] the edeucation and bringinge up of my sayd
chyld in the fear of god and learninge to read, w[i]th
meat drinke lynine wollen and all other thing[es] meet
and necessarie; And yf it be a mane Child then I wyll
that he shalbe broughte up to schooll to learne to reade
and to wrighte and toward[es] the seame I \give/ the Sum[m]e
of xxs. to be payd to him or them that shall so bringe
him up to wright over & above the sayd yearly porcion
All the resideu of my good[es] unbequeathed my depts
beinge payd & my legaceyes p[er]formed I give them
unto Allis my wyf And I ordayne and make Alice
my wyf and my Brother willia[m] Baw my lawfull
executor[es] to se this my wyll p[er]for med and fullfylled
It[e]m I give unto myceyster [mister] Smyth one pece of gould beinge & els
a ...tune; to be deliv[er]ed p[re]sentely after my decease.
Witnesses unto           the m[ar]ke of
this my wyll         Thomas Baw
Thomas harris John gybb
          his m[ar]ke

It[e]m I wyll that my execut[ours] sh[a]lbe Bound
unto my Sup[er]visor in sufficent Bond[es] fore
the trew p[er]formanc of this my wyll
befor the proving herof
Also I ordayne and meake willia[m]
Smyth \of Eastm[er]sey/ my superdevisor of this my
last wyll to see the same be served
his charges to be borne by myn[e]
executor And my wyll & meaninge is that if
my Executors or any of them shall refeuse the p[ro]vinge of this my wyll or
yf they varrey or wyll not agre to the p[ro]vinge therof in lawfull manner
as they ought and as the intent of this my wyll is; Then I wyll that
the sayd W[illia]m Smyth shall take upon him the execusion of his or hir
part so refeusinge or varinge and shall secund one of my Exec[utors]
[illegible phrase]

1. nonage = the period of a person's immaturity or youth.
2. hedgeboot [hedgebote] = the right of a tenant to take timber, etc. for repairs, firing, and other necessary purposes, from off the landlord's estate

Published23 September 1594
SourceMersea Museum