Will of Thomas Kirby, shoemaker, 1664 (proved 1667)

Herts RO 103AW11

In the name of god Amen the second day of February 1664 according to the
Computation of the Church of England I Thomas Kirby of Winslow in the county
of Bucks shoomaker beinge of perfit memory and remembrance praised bee god doe
make and ordaine this my last will and testament in maner and forme followinge viz
First I bequeath my soule into the hands of almighty god my maker hopinge that through
the meritorious death and passion of Jesus Christ my onely saviour and redeemer to receive
free pardon and forgivenesse of all my sinnes and as for my body to be buried in Christian
buriall at the discretion of my executrix hereafter nominated

Item I give unto Joane my wife all my goods and chattells whatsoever
whom I make my sole executrix of this my last will and testament
revoking all other wills and testaments

In witnesse whereof I have hereunto set my hand and seale
the day and yeare first above written

Thomas Kirby
his marke

Witnesses
John Hogson [signed]
Mathew Fuller
her [sic] marke

[Probate to Joane Kirby widow and executrix 13 June 1667 at Winslow before Master Samuel Dix]

Inventory of Thomas Kirby, shoemaker, 1667

Herts RO A25/3764

May 31 day 1667

A true and parfect Inventary of all the goods and chattells of Thomas Keirby of Winslow in the county of Bucks shue maker Latly deseced taken and prised by us hous names aire subscribed
as followeth

	£	s	d
Inprimus in the parlar one Ioyne bedsteed with the Beddine theire unto beelongin one Ioyne cobard one tabell and freame with other things beelongin	5	5	0
Item in the hall one tabell and freame with Bras and pewter and other things theire unto beelongin	2	3	4
Item in the chambar over the parlar a chest and a trundell bed and seven pare of sheetts with other linan	3	13	4
Item in the chambar over the hall one prece to hang cloathes in and one cheese rack and other lumber	1	8	0
Item in the butry and milke hous barills and tubs and buckets and treese and other lumber	1	0	6
Item in the Barne for wheat and boards and straw and too ladars	1	6	8
Item in the stabell six over leavs and wood in the Cloas and wood in the orchard and dung in the yard	1	10	3
Item for too cous and one calf	3	0	7
Item for seventy three sheep and twenty foar lams	17	10	0
Item for the Crap in the feilds	8	10	0
Item for a bande and other debts	51	10	0
Item for warin cloathes and Redy mony	20	0	0

	116	17	8

[signed]
John Hogson
Peter Hughes
Henry Hughes

Notes

Thomas was bap. 1 June 1603, the son of Thomas Kirby (d.1615), also a shoemaker. He married Joan Statsberie (widow of Edward, nee Edmunds; see Edmunds family) on 8 Nov 1631. His cousin John Kirby, bap. 1610, son of Walter, also had a wife called Joan. Thomas and Joan did not have any children baptised at Winslow. Joan's will was made in 1682 and proved in 1686.

On 7 Nov 1666, Thomas surrendered out of court through John Hogson and Bennet Glenister a close of pasture called Hatchin Close containing 1½ acres, and 1½ acres of land in Winslow fields (Centre for Bucks Studies, BAS 376/22 no.19). To the use of Joan his wife for her life, then to Elizabeth Hughes wife of Henry Hughes [nee Overing; she married Henry Hughes in 1664] and the heirs of her body, with reversion if she had none to Thomas Kirby son of George Kirby [nephew of Thomas sr].

At the same time he surrendered a messuage and 7½ acres in Winslow to the use of Joan his wife for her life, then to Thomas his nephew. On condition that Thomas jr paid, within a year of Joan's decease, £5 each to his brother George Kirby, Mr Richard Edmunds, Elizabeth Grace daughter of Thomas Grace, and Thomas Edmunds (ibid. no.20).

At the court on 30 Sep-2 Oct 1674, Thomas Kirby, son of George Kirby, sought admission to all the above property after Joan's death. Rent 2s 7½d, fine £1 1s (ibid. no.29).

In the following case, Thomas Kirby demised a messuage for two years to Henry Hughes, but Robert Gibbs ejected Henry. The court ordered possession to be restored to Henry. It's not clear what the issue was. In 1663 Thomas Kirby was appointed one of the guardians of John Dingley, and the messuage might be the one which belonged to John.

TNA, KB27/1866/1584 Trinity Term 1664
[summarised from Latin]
Bucks. It is to be remembered that in last Easter Term before the Lord King at Westminster came Henry Hewes by Edmund Cragge his attorney, and put forward his bill against Robert Gibbs in the custody of the Marshalsea on a plea of trespass \& ejection from farm/. Henry Hews complained against Robert Gibbs that one Thomas Kirby gent on 30 March 16 Charles II in the parish of Winslowe demised, granted and handed over to farm to Henry a messuage with appurtenances situate in the said parish, to have and hold to Henry and his assigns from 25 March then last past for a term of two years. By virtue of this demise Henry entered into the messuage and was put into possession, until Robert Gibbs on 30 March in the said year by force and arms entered into the messuage and ejected Henry from his farm, his term not yet being finished. And he kept Henry out of possession, and still does. And brought other enormities on him against the King’s peace, to a loss for Henry of £20. And thereon he brought suit.
And now on this day, the Friday after the morrow of Holy Trinity, up to which day Robert had licence to contest the bill and to reply, Henry came by his attorney. And Robert, although solemnly required on this day, did not come or say anything to preclude Henry’s action. By which Henry remains uncontested, on account of which Henry ought to recover his damages against Robert. And because the court is ignorant of what damages Henry sustained both by the aforesaid and by the costs of his suit [document ends at this point]