Will of Henry Pettit Yeoman of. Toppesfield, Essex 1634

Date: 1634 to 1634
Location: Toppesfield, Essex, England
Surnames/tags: Pettit Chote

Will of Henry Pettyt thelder 1634

Transcription conventions:
Spelling, punctuation and line breaks are as per the original document.
Crossings through have been included struck out
Spelling, punctuation and line breaks are as per the original document.
Crossings through have been included struck out
Paragraph breaks at change of bequest, and bold text are my own for ease of reading.
Where present, the obsolete letter Thorn has been rendered as th, and ff has been rendered as F
Abbreviations and breviographs have been expanded in [square brackets]
The image quality was good and the writing very legible.
Non standard spelling as per usual for this time period, which has been transcribed verbatim.

Persons mentioned

• Henerye Pettyt thelder of Toppesfeild in the county of Essex yoman testator
• John Freeman of Chippinge Walden testator sold land to him
• henrye Pettyt the sonne of Thomas Pettyt my brother late of Lyttel Walden aforesayd deceased
• Richard Cornell late of Lyttel Walden aforesayd deceased testator sold land to him
• John Willowes of LIttle Walden
• Susann my sayd wyffe
• John Pettyt my eldest sonne
• Thomas & William his youngest sonnes
• Susann & Sara his daughters'
• Anne Browne my daughter
• Will[ia]m Browne her husband
• henrye Pettyt my sonne
• Owen Browne of Cobham in the Countye of Surrey & wenefride his wyffe testator purchased land from him
• my daughter Marie Chote
• her daughter Marie daughter of Marie Chote, grandchild of testator
• John & Richard Chote my grandchildren
• Edward Chote their brother
• my daughter Christian Newman testator's daughter (married Daniel Newman when a widow)
• John Browne her sonne
• Thomas her sonne
• my daughter Susanne Harrington
• James her sonne
• her seaven daughters namelie Susanne Elizabeth Dorcas Marie Martha? Rebecca & Anna
• William Pettyt my sonne
• Three Sonnes of my sonne Henrye namelie henrye Thomas & Will[i]am
• his Fower daughters namelie Sara Elizabeth Susanne & Anne daughters of testator's son Henry, grandchildren of testator
• Elizabeth Sanders daughter of testator
• Margaret the wyffe of my ^sayd sonne ^john
• Sara the wyffe of my sonne henrye
• sonne in lawe Richard Harrington^[1]
• Jho Mildmay witness to will
• Phil: Sanders witness to will
• John Packenham witness to will
• Joseph Thaier witness to will

In the Name of God Amen The First day of June Anno dom[ini] 1634 : And in the
Tenth yere of the raigne of o[u]r sov[er]aigne Lord Charles by the grace of god Kinge of
England Scotland France & Irelande defendor of the Faith etc I Henrye Pettyt
thelder of Toppesfeilde in the county of Essex yeoman Doe hereby recall & renounce all
Former or other wills or testam[en]ts w[hi]ch att anye other Tyme heretofore by me hathe byn
Framed or made And nowe herein & hereby in my Auncyent age & of Sounde & p[er]fect mynde
& memorie (glorie be to god) Doe Ordeyne make & declare This to be my p[er]fect & Last Will
& Testam[en]t as Followeth (That is to saye) Firste & princypallie I com[m]ende & com[m]itt
my Sinfull Soule into the mercyfull hands of th'almightie god my Creator And to the
blessed protection & redemption of the lord Jhesus Christe in by & th'orowe whose p[re]tious
death & bitter passion I poore Wretch Doe steadfastlie hope & beleeve the remission of
all my sinnes & consequentlie ev[er]lastinge happynes w[i]th him in the heighest heavens
And my mortall Corpes to be decentlie interred by my Executors hereby appoynted
& nomynated And for my Temporall & worldlie esteate wherew[i]th the Lord of his goodnes
hathe indued me I whollie & Freelie dispose off give and bequeath as herein & hereby ys
menc[i]oned declared & Settdowne (That ys to saye)

Firste wheras heretofore I beinge
Lawfullie Seized in my demeasne as in Fee Symple accordinge to the Custome of the Mannor
of Chippinge Walden off & in Certaine Customarie Lands houlden of the sayd Mannor lyinge
in Lyttle Walden in the Com[m]on Feilds there And have bargayned & Sould unto one John Freeman
of Lyttle Walden aforesayd one close of the sayd Lands called the Lyttle Breads conteyninge
by estymac[i]on three roods, And whereas alsoe I have in like mann[er] bargayned & [sould unto henry]
Pettyt the sonne of Thomas Pettyt my brother Late of Lyttel Walden aforesayd deceased One peece
of the sayd Arrable Lande lyinge in Burndwooddfeild conteyninge by estymac[i]on one acre And
have likewise bargayned & Sould unto one Richard Cornell Late of Lyttle Walden afore=
sayd deceased One other peece of the sayd arrable Lande lyinge in Northfield towards the
Chappell conteyninge by estimac[i]on one acre & a halff Unto the which sayd p[ar]cells of land
the sayd parties att a Certaine Court houlden for the sayd Mannor were sev[er]allie admitted
To hould to them & their heires accordinglie & accordinge to the Custome of the sayd
Mannor Nev[er]theles for their better assurance & Securitie therof my Will & mynde ys
that they the sayd John Freeman Henrye Pettyt & Richard Cornell Shall from hensforth
peaceablie & quyetlie have hould & enioye All the sayd lands w[i]th th'app[ur]ten[na]nces to them & their
& eyther of their heires & assignes for ever accordinge to the Custome of the sayd Mannor And
accordinge to their sev[er]all admissions w[i]thout anye Lett denyall or int[er]upc[i]on of me myne
heires or assignes or of anye other p[er]son or p[er]sons anye thinge Claymeinge in to or out
of the pr[e]misses by from or Under them or anye of them And whereas likewise of Later
tyme I w[i]th Susann my Wyffe beinge Seized of & in One Customarie measuage or tenem[en]t w[i]th
Six acres of Ware Lande therunto belonginge called Wakes Scytuate lyinge & beinge in
Burndwoodd Ende in Lyttle Walden aforesayd with Certaine Customarie tenem[en]t therunto
belonginge called Fanners lyinge likewise in Burndwoodd ende conteyninge by estimac[i]on twoe
acres with divers p[ar]cells of arrable lands lyinge in severall p[ar]cells in the aforenamed

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Feilds called Burndwooddfeild & Northfeild conteyninge together about Tenn acres, have
bargayned & Sould & absolutlie Surrendred all the sayd measuage or tenem[en]t Lands meadowes and
other the pr[e]misses w[i]th thapp[ur]ten[an]ces therunto belonginge unto one John Willowse of Lyttle
Walden aforesayd & his heires for ever For whose further assurance & better securetie my
Will & mynde ys likewise, That he the sayd John Willlowes his heires & assignes Shall
from hensforth Quyetlie & peaceablie have hould & enioye all the sayd Land measuage or tenem[en]]
w[i]th Six acres of Ware Lande And the sayd tenem[en]t called Fanners togeather w[i]th the afore=
named Lands & pr[e]misses w[i]th thapp[u]rten[an]ces accordinge to the Custome of the sayd Mannor And
accordinge to his admission in the Lords Court Without anye lawfull Lett denyall
Interrupc[i]on or disturbance of me or Susann my sayd wyffe our heires or assignes or of
anye other p[er]son or p[er]sons whatsoev[er] anye thinge Claymeinge in to ot out of the sayd
Measuage Tenem[en]t or anye other the Surrendered pr[e]misses or anye p[ar]rte or p[ar]cell therof by
from or Under us or anye of Us

Item Concerninge my p[rese]nte p[ar]ticular estate I gyve
devise & bequeath as followeth Firste unto the poore people of Toppesfeild afore
sayd the som[m]e of Thirteene shillings & fower pence To be distrybuted amongest them
on the daye of my buryall by my Executors hereafter named

It[e]m I doe gyve and
bequeath unto John Pettyt my Eldest sonne som[m]e of x^l
mony to be payde unto him w[i]thin three monthes next after my decease by my Executors

It[e]m unto Thomas & William his yongest sonnes I give and bequeath the som[m]e
Fortie shillings a peece And unto Susann[ah] & Sara his daughters' to each of them
Twentie shillings which Last menc[i]oned ^legacies shalbe payde unto them & ev[er]ye of them [...]
theire parents for their behooffes w[i]thin six monthes next after my decease alsoe by my
Executors

It[e]m I give & bequeath unto Anne Browne my daughter All
my Annuyties & yerelie rents in Toppesfeild aforesayd & Finchingfeild in the foresayd
Countye of Essex which I Latelie bought & purchased of one Owen Browne of
Cobham in the Countye of Surrey & Wenefride his wyffe, To have hould & enioye the
sayd Annuyties & yerelie rents Unto my sayd Daughter Browne & to the heires of
her boddie Lawfullie to be begotten, Provided alwaies & my will & mynde ys
That yf itt shall soe happen That the sayd Ann my daughter to dye & dep[ar]te this Lyffe
before Will[ia]m Browne her husband w[i]thout yssue of her boddie to Inherite the foresayd
Annuyties & yerelie rents [struck out and illegible] My will & mynde ys That then all the sayd
Annuyties & yerelie rents shall goe & remayne unto Henry Pettytt my sonne & to his heires
for ever And thereupon & accordinglie I give and bequeath unto my sayd sonne in Lawe
William Browne out of the sayd Annuyties & rents the som[m]e of Five and
twentie pounds To be payd Unto him by the sayd Henry my sonne his heires executors
or assignes w[i]thin one yere next ^after the decease of my sayd daughter Browne Butt
yf itt happen the sayd Anne Browne my daughter to Survive & ov[er]live her sayd husband
That then hereby my will & mynde ys & shalbe That the foresayd Annuyties & yerelie
rents proffitts & Com[m]odities Shall Clerelie goe redounde & remayne unto her the sayd
'Anne & to ^her heires executors & assignes for ever absolutlie to doe therew[i]th her will & pleasure

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anye thinge or matter herein before menc[i]oned or expressed to the contrarie therof in anye
Wise notw[i]thstandinge

It[e]m I give devise & bequeath unto my daughter Marie
Chote Twentie shillings And unto her daughter Marie other Twentie shillings
And unto John & Richard Chote my grandchildren to eyther of them
alsoe twentie shillings And unto Edward Chote their brother [struck out and illegible] ^{xl s}
of currant money All w[hi]ch sayd Last menc[i]oned Legacies my mynde & will ys are & shalbe
to be payde unto them & ev[er]ye of them w[i]thin six monthes next after my decease by my
Executors

It[e]m I give and bequeath unto my daughter Christian Newma[n]
Twentie shillings And unto John Browne her sonne Fyftie shillings And
unto Thomas her sonne Twentie shillings all which sayd Last menc[i]oned
Legacies I will shalbe payde likewise w[i]thin six monthes next after my decease

It[e]m
I give devise & bequeath unto my daughter Susanne Harrington
Twentie shillings And unto James her sonne Fortie shillings And unto
her Seaven daughters namelie Susanne Elizabeth Dorcas Marie
Mattyie Rebecca & Anna to each of them twentie shillings a peece And unto my
Daughter Sanders alsoe give twentie shilllings which sayd Last
menc[i]oned legacies I will shalbe payde unto them or the ^childrens parents for them w[i]thin
six monthes likewise next after my decease

It[e]m unto William Pettyt my
sonne I likewise gyve twentie shillings

It[e]m I give & bequeath unto the Three
Sonnes of my sonne Henrye Namelie Henrye Thomas & Will[ia]m the som[m]e of Fyfteene
pounds of lawfull Englishe money equallie to be devided betweene them And or [illegible due to fold in paper']
them to be the others heire which sayd som[m]e of Fyfteene pounds my sayd sonne henry
oweth me as appeareth by his obligac[i]on wherein he standeth firmlie bounden Unto me in the
som[m]e of thirtie pounds for the paym[en]t therof Wherfore I appoynt him to paye the same
Unto his sayd sonnes. And in hope that he will soe doe I will he shall have his sayd
obligac[i]on delivered unto him ymediatelie after my decease, And wheras he the
sayd Henrye oweth me Five pounds more which I Lent him but of Late I doe gyve &
bequeath the same unto his Fower dawghters Namelie Sara Elizabeth
Susanne & Anne to be payde unto them in mann[er] & forme followinge & one or twoe of
them to be th'others heirs (That is to saye) To Sara his daughter Fortie shillings
And to th'other three twentie shillings a peece

It[e]m I give & bequeath unto my
daughters Anne Browne & Elizabeth Sanders twentie shillings a peece

It[e]m I give and bequeath unto Margarett the wyffe of my ^sayd sonne ^John Tenne shillings
And unto Sara the wyffe of my sonne Henrye other Tenne shillings And unto
Anne the wyffe of my sonne Will[ia]m other tenne shillings And wheras
there are certaine goods as Bookes Beddinge & other houshouldstuffe & small
ymplem[en]ts yett remayneninge in my Custodie which I have formerlie gyven awaie, haveinge
onelie reserved the necessarie use of them for my selff & wyffe dureinge o[u]r naturall Lyves
my mynde & Will hereby ys That the same goods after my decease or soe manye of

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them as my sayd whyffe Canne Convenyentlie for spare Shall in her Lyff Tyme be deliv[er]ed
by my Executors & the residue after her decease Unto such p[er]son & p[er]sons as by a noate
under my owne hande wrytinge ytt shall & maye appeare that I have disposed off &
gyven them unto, And I doe hereby Ordayne constytute & declare my welbeloved
sonne in Lawe Richard Harrington & my sayd sonne Will[ia]m Pettyt to be Executors of
this my p[rese]nte Last Will & Testam[en]t gyveing & allowinge unto etch of them for
their Care and paines herein to be Taken Ov[er] & above all there Chardges & expenses
Twentie shillings a peece All other & the residue of my goods & Chattells herein and
hereby Unbequeathed & not menc[i]oned to be by me gyven (payeing som[m]e s[er]taine small
gyftes w[hi]ch I have bestowed to be payde att the Tyme of my Buryall as ytt will &
maye appeareath by ^{the above menc[i]oned} noate under my owne hande Wrytinge) I whollie & Freelie gyve
devise & bequeath Unto my sayd Sonne Henrye Pettyt In wytnes
wherof I the sayd Henrye Pettyt^th'elder have to all the Sheetes of this my p[rese]nte
Last Will & Testam[ent] puttoo one Seale and to ev[er]ye sev[er]all Sheete subscrybed
my Name the daye & yere Firste above wrytten
Henry Pettit

Sealed acknowledged & delivered
in the p[rese]nce of those whose names
are hereunder specyfyed by me Tho Mildmay

Phil: Sanders
John Packenham
Joseph Thaier

[In Latin] This will was proved at Brancktree the 24 day of March in the English Style 1634 Before Doctor Aylett Commission &c judgement to the executors who &c the goods &c sworn &c
Done

Sources

1. ↑ Will: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858"
   The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 232
   Ancestry Sharing Link - Ancestry Record 5111 #288162 (accessed 13 January 2023)
   Will of Richard Harrington, granted probate on 21 Sep 1653. Died about 1653 in Wherstead, Suffolk, England.

Acknowledgements

With thanks to Jo Fitz-Henry to her wonderful proof reading and translation of the Latin