| Abstract | Will of John Fookes yeoman of West Mersea 22 February 1630/31 transcribed from ERO D/ABW 50/93
Transcription by Elaine Barker October 2022
Abstract
In this will written on 22nd February and proved on 25th February 1630, John Fookes, yeoman of West Mersea, reveals in his lengthy preamble to be a very religious man. He leaves his wife Marie, all the goods she brought with her to the marriage and 30 shillings. He leaves his son Richard his land and out of the profits he wills his son John, a minor under 15 years old, 40 shillings a year during his natural life. He wills his wife bring up his son John until he comes of age using the 40sh per annum. The tenement and lands bequeathed to son Richard in West Mersea is called 'Master Johns'. Should Richard refuse to honour this arrangement then the lands are bequeathed to John who will pay 40s a year to Richard.
To his daughter Rebecca Fookes he leaves a large chest, pewter platters and a spit
To Elizabeth Fookes, his daughter, he leaves a Danish chest and a cupboard, pewter platters and a spit.
To Martha Fookes, his daughter, he leaves an oak chest, pewter platters and a spit, a joined table with a frame and a form. The contents of this oak chest (linen) are to be divided between three of his daughters Martha, Elizabeth and Rebecca. He bequeaths his suit and coat to son Richard along with wedges and a hammer for splitting logs. His son-in-law, whom he appoints as executor, Richard Bushopp, is left the rest of Fookes' moveable goods. Any residue is to be equally divided between his five daughters, Ann, Marie, Rebecca, Elizabeth and Martha.
His witnesses are Nicholas Durrell, William Heare and Thomas Downam.
The granting of Probate before Robert Aylett is recorded in Latin on 25.2.1630
Transcription
94
In the name of god Amen the xxijtie Daye of december
in the sixt yeare of the Raygne of our Soveragne lord Charles
of Ingland Scottland France & Ireland Kinge Defendor of
the fayth And in the yeare of our lord god 1630 I John
Fookes of Westmersea in the Countie of Essex yeoman the unp[er]fitt
able servant of god Weake in bodie but stronge in minde And
of good memorie thankes be given to allmightie god for it doe
willinglie and w[i]th a free hart Render and give againe into
the hands of my lord god & creattor my spiritt which he of his
fatherlie goodnes gave unto me when he first fashioned me
in my mothers wombe makeinge me a livinge and a Reason
able Creature nothinge doughtinge but that for his Infinett
mercyes sett forth in the pretious bloud of his deerelie beloved
sonn Jesus Christ our onlie saviour & Redeemer he will Resceive
my soule into his glorie & place itin the Companie of the heaven
lie angells & blessed saynts and as conscerninge my bodie even
w[i]th a good will and a free hart I give it over comendinge it
to the artickle of my fayth att the greate daye of the Generall
resurrection when we shall apeere before the Judgment seatte
of Christ I shall Resceive the same againe by the myghtie
power of god where w[i]th he is able to Subdue all things to
him selfe not a corruptable mortall weake & vile bodie as it
is now but an uncoruptable Imortall stronge and p[er]fitt bodie
in all poynts like unto the glorious bodie of my lord and saviour
Jesus Christ & as touchinge my worldlie estatte I dispose of it
in mannor and forme followinge viz It[em] I give and bequeath
unto marie my wife all such moveable goods as she brought
me att the tyme of our mariage and thirtie shillings more
of good and lawfull monie of Ingland to be payd unto hir
w[i]thin six monthes next aftermy desceas by my exec[utor]
It[em] I give and bequeath unto John my sonn the whole
and full sum of fortie shillings a yeare dureinge his
naturall life out of those my lands which shall hereafter
be given to Richard Fookes my sonn and further my will &
my meaninge is that marie my wife shall have the
Custodie and bringeinge up of the said John my sonn afore
named and allso my will is that the same marie my wife
shall take the said fortie shillings a yeare untill
that John my sonn shall accomplish his age of xvten [fifteen] years
which monie shall be towards the bringing up of the sayd
John my sonn untill the sayd age before mentioned if he
hapen to live so longe but if he hapen to dep[ar]te this life
before the \age/ xvten yeares then the sayd fortie shillings a yeare
to sease & be no longer payd unto marie my wife
It[em] I give and bequeathe unto Richard Fookes my sonn
all that my Tenament & lands called M[aster] Johns lyinge &
beinge in Westmersea aforsayd by whatt name or names
so ever it be called or knowne by to him and his eyers for
ever upon Condition notw[i]thstandinge that he shall paye
unto John my sonn and marie my wife all such monies
as are to them given & bequeathed by this my will out of
the same lands p[ro]vided neverthelesse that if the sayd Richard
my sonn shall Refuse to paye the sayd monie as is before
mentioned then I will that the gifte to him the sayd Richard
by this my will shall be utterlie voyde & of none efecte
and I will the sayd lands shall be and Remayne to John
my sonn and his eyers for ever payeinge to his brother Richard
the yearlie sume of fortie shillings dureinge his naturall life
It[em] I give and bequeath unto Rebbeckca Fookes my daughter
the greate Joyned Chest in the Chamber where I now lie &
thre of the best pewter platters and the biggest spitt to be
deliv[er]ed to hir presentlie after my descease by my executor
herafter named
Page 2
It[em] I give and bequeathe unto Elizabeth Fookes my daughter
one Danske [Note 1] Chest standinge one the soller and the Cubord
in the Chamber where I now lie and thre pewter platters
and the biggest spitt save one to be deliv[er]ed to hir att th age
of xvten yeares by my executor hereafter named It[em] I give
and bequeath unto Martha Fookes my daughter the two
pewter platters which standeth one the Cubords head in the
chamber where I now lie and the best Oken Chest in
the same Chamber and the biggest spitt saving two to be
deliv[er]ed to hir att thage of xvten yeares by my executor &
allso I will and bequeathe unto the same martha my daughter
one Joyned table w[i]th the frame and a Joyned forme their
unto belonginge to be delivered to hir att the age aforesayd
by my execut[or] allso my will and meaneinge is that that the
linen in the Chest given to martha my daughter Shall be
equallie devided amonge my thre daughters Rebeckca Elizabeth
and martha p[ar]te and p[ar]te like by my execut[or] hereafter named
It[em] I give & bequeathe unto Richard my sonn my best sutt
of ap[ar]ell from one end to thother w[i]th my best Coatte and
fower of my best wedges and the beetell [Note 2] to be deliv[er]ed
presentlie after my descease by my execut[or] hereafter named
All the Rest of my moveable goods I give unto Richard
Bushopp my sonn in law who I ordayne & apoynt sole
executor to this my will to see my will p[ro]ved my detts
payd and all things one the p[ar]te of an execut[or] p[er]formed
upon condition notwithstandinge that when all those things
before mentioned be p[er]formed the over pluse shall be
equallie devided amongste my five daughters Ann Marie
Rebeckca Elizabeth and Martha p[ar]te and p[ar]te like to be
payd as followeth that is to saye marie my daughter
hir p[ar]te w[i]thin one whole yeare next after my descease
And thother three Rebeckca Elizabeth & martha to have
their p[ar]tes att their severall ages of jtie yeares payde
them by my executor aforsayd and further I will and
my mynde is that if Rebeckca Elizabeth or Martha shall
happen to dep[ar]te this life before their severall ages aforesayd
then I will that the p[ar]te of that daughter so dep[ar]ted shall
be equallie devided betwene thother livinge so longe as anie
one of them be living In wittnes whereof I doe here
unto sett my hand and seall the daye and yeare first
above written
Sealled and deliv[er]ed John
in the p[re]sence of us
Nicholas Durrell his marke [Note 3]
Fookes
William Heare
Thomas
his marke
downam
Probatu[m] apud Colc' 25 die
Februarij 1630 Coram ven[erabi]li viro
Rob[er]to Aylett legu[m] d[o]c[t]ore Comissario &c[etera]
Juramento Ex[ecu]toris
fit
Probate was granted in Colchester the 25th day
of February 1630 before the venerable man
Robert Aylett, doctor of law Commissioner etc
On the oath of the executor
done
Note 1: Danish
Note 2: a beetle was a maul or sledgehammer used with a wedge to split wood
Note 3: this unusual mark of John Fookes appears as witness in other wills e.g.
Mary Smeth D/ABW 48/210 . To the transcriber's eyes it looks like a conical tree in a square pot!
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