Thomas Haye
Thomas Haye was bailiff of Hastings in 1583, 1585, and 1587. In 1588, he became Hastings’ first mayor, and was again mayor in 1590 and 1591. He was also bailiff to Yarmouth three times. Thomas represented Hastings many times at meetings of the representatives of the Cinque Ports between 1572 and 1592, serving as speaker twice (Reed p. 237). Cases are indexed in the National Archives catalogue connecting Thomas to property in Robertsbridge, Battle, and Salehurst. Thomas’s will seems to suggest that he felt was in danger of being murdered.
Events
Date of Birth: about 1523.
Reed (pp. 237-238) gives the estimated date.
Date of Death: 27 February 1591/2.
Reed (pp. 237-238) gives the inscription on a brass plate: “Here lyeth Thomas Haye Gent. who departed this lyfe the XXVIIth of Februarye 1591". See the Commentary section below.
Place of Burial: Battle, Sussex, England.
Hughes-Clarke (p. 59) gives the burial place.
Relationships
Father: William Haye (died 1538).
Mother: Joan Tufton.
The 1634 Visitation of Sussex (p. 167) gives Thomas’s parents as Willm. Hey of Robert Bridge and a Tufton of Nordiam. William’s wife’s first name is given as Joan in Inquisitions post mortem abstracted by Attree (p. 118, No. 538, and p. 228, No. 1038).
Spouse: unknown.
Spouse: Elizabeth Baker (died 1597). Elizabeth was the daughter of John Baker of Battle, Sussex.
Children (by Thomas Haye’s first wife):
(Complete source citations for facts about the children on this page are currently outside of the scope of this project.)
William Haye (died 1608/9). Married (1) Dorothy Aneston; married (2) Mary Everenden in December 1593.
John Haye (died 5 September 1605) married (1) Mary Morley in about 1589; married (2) Anne Coulston.
Children (by Elizabeth Baker):
Thomas Haye (died 1615) married Dorothy Apsley.
Isaac Haye (died 6 January 1631/2) married Esther.
Abraham Haye (buried 29 May 1615 in All Saints, Hastings) married Anne Jacob 15 December 1601 in Salehurst, Sussex.
Edmund Haye married Mary Morgan.
Elizabeth Haye married Goddard Foster.
Grace Haye.
Dorothy Haye (baptized 22 July 1582 at St Clement, Hastings) married Richard Gainsford 24 December 1600 in Hastings, Sussex.
Ferris Haye (baptized 21 September 1589 at St Clement, Hastings).
Children (mother uncertain):
Susan Haye married Leonard Bishop 13 September 1586 in Salehurst, Sussex.
Evidence
Haye v. Lovet (1551-1553, National Archives C 1/1302/29)
Plaintiff: Thomas Haye of Robertsbridge, yeoman
Defendant: William Lovet, parson of Buxted
Subject: Detention of deeds relating to a messuage and land in Suleherst (i.e. Salehurst?), late of William Haye, father of complainant, Sussex.
Thomas Haye, of Hastings, appears in a 1574 list as owner of “Netherfeld furnes” (in Battel). (SAC v. 3, 1850. p. 244).
Property transactions from the 1590s from the National Archives catalogue: GBN/23/10 (a 1590 mortgage of Salehurst to Thomas Hay of Hastings) ; AMS312 (a 1591 conveyance of a capital messuage (Netherfield Court) and 130 acres in Battle and Mountfield to Thomas Haye for 500 pounds); DUN 14/2 (a 1594 certified copy of a conveyance which mentions the deceased Thomas Haye).
A transcription of Thomas Haye’s will
In the name of god amen the twentie fourthe daie of Auguste in the yeere of our lorde god One thousand five hundred nintie and one and in the Thirtie three yeere of the raigne of our most gracious Soveraigne Ladie and Queene Elizabeth I Thomas Haye of Neatherfeild within the parishe of Battell in the Countie of Sussex gent doe make this my last will and testamente in manner and forme followinge Firste I bequeathe my soule into the handes of allmightie god my creator faithefullie believinge to be saved by the deathe and passion of Jesus Christe our onlie Saviour and Redeemer, and my bodie to be buried Christiann like at suche place and in suche sorte as shall seeme meete by mine exequitor and overseers And touchinge the disposion of suche worldlie goods and substance as hathe pleased God of his goodness to bestowe uppon me First I will and bequeathe Three poundes of lawefull englishe monie to be gieven and distributed to the poore people at the time of my buriall by the discrecion of my overseer Item I will unto the poore people of [space] Fower poundes of lawefull english moneie To be bestowed and distributed amongste them within one monethe next ensuinge my decease by the discrecion of my overseere. Item I will to the poore people of Salehurste Tenn shillinges of lawefull english moneie. And to the poor people of Bramblehurst Six shillinges of lawfull english moneie. And to the poore people of Battell Six shillinges of lawefull Englishe moneie. And to the poore people of Muntefeild Six shillings of lawfull Englishe moneie. And to the poore people of Penhurste Six shillinges of lawfull Englishe moneie. And to the poore people of Gestling Six shillinges of lawefull Englishe moneie To be bestowed and distributed amongste them within one monethe next after my decease by the discrecion of mine overseere. Item I will to John Stoneham Fortie shillinges of lawefull English moneie To be paide to him within two monethes nexte after my decease. All my plate and householde stuffe I give to Elizabeth my wiefe to be delivered unto her immediatelie after my decease, she firste puttinge in her owne bonde of a sufficiente summe uppon the deliverie theareof to mine Overseere with condicon for the redeliverie thearof to Thomas my son and to his use within one monethe nexte after she shall happen to marrie againe. Provided allwaies, That if my said wief shal at anie time after my decease happen to marrie againe, or shall, not uppon the deliverie or offer of the deliverie to her of the saide plate and household stuffe put in suche bonde as aforesaid with condicon for the redeliverie of the saide plate and householde stuffe as aforesaid. That then immediatelie from and after suche marriage her saide legacie before bequeathed to be voide. And then I will and bequeathe, that immediatelie from and after her saide marriage soe to be solemnized, or from and after suche not puttinge in of bonde as aforesaide All the saide plate and householde stuffe shalbe and remaine to Thomas Haie my Sonn. Item I will that Elizabeth my wiefe shall have paid unto her within half a yeere nexte after my decease, the somm of one hundreth poundes of lawefull english moneie. Item I will and bequeathe that Elizabeth Haie my daughter, shall have paide unto her at the daie of her marriage if shee shall happen to marrie, the somm of Twoe hundred poundes of lawefull English moneie. But if my said daughter Elizabeth shall happen to decease before she shall marrie Then I will that the said Twoe hundred poundes appointed for her porcon shalbe and remaine To suche of my Sonnes as shall at the time of her decease be exequitor of this my last will And further I will that the saide porcon of Twoe hundred poundes shall immediatelie after my decease be delivered and paide unto Elizabeth my wiefe for her to putt out Soe that shee uppon the paimente theareof doe come bounden with sufficiente Suerties in a sufficient obligacon of double the somm to suche of my overseers as shalbe then livinge with condicon for the true paimente theareof accordinge to the purporte and true intent of this my said will. And my minde is that Elizabeth my wiefe shall have the profitt and commoditie that shall rise or growe by the interest and use of the saide Twoe hundred poundes for the findinge and bringinge up of my saide daughter Elizabeth untill shee shall accomplishe the age of Twentie yeeres if shee marrie not nor die before that age. And my will is, that when my saide daughter Elizabeth shall accomplish her age of Twentie yeeres and be not married Then she shall receave and take the whole commoditie and profitt growinge and arisinge of the use of the said Two hundred poundes untilll shee marrie or die. Item I will and bequeath that Dorothie my daughter shall have paide unto her at the daie of her marriage if she shall happen to marrie The somm of Twoe hundred poundes of lawfull english moneie, But if my said daughter Dorothie shall happen to decease before shee shall marrie Then I will that the saide Twoe hundred poundes appointed for her porcion shalbe and remaine unto suche of my Sonnes as shall at the time of her decease be Exequutor of this my last will. And further I will that the saide porconn of Two hundred poundes shall immediatelie after my decease be delivered and paide unto Elizabeth my wiefe for her to put out Soe that she uppon the paiment thearof doe becom bounden with sufficiente suerties in suche bonds and with such condicon, and to suche persons as is aforesaide touchinge the porcon of my daughter Elizabethe. And my minde is that Elizabeth my wiefe shall have the profitts and commoditie that shall rise or growe by intereste and use of the saide Twoe hundreds poundes for the findinge and bringinge up of my said daughter Dorothie untill shee shall accomplishe her age of Twentie yeeres if shee marrie not nor die before that age. And my will is, that when my said Daughter Dorothie shall accomplishe her age of Twentie yeeres, and be not married, Then shee shall receave and take the whole commoditie and profitt growinge and arisinge of the use of the saide Twoe hundred poundes untill shee marrie or die. Item I will and bequeath that Grace Haie my daughter shall have paid unto her at the daie of her marriage if shee shall happenn to marrie The Somm of Twoe hundred poundes of lawefull Englishe moneie But if my said daughter Grace hall happen to decease before she shall marrie, Then I will that the said Twoe hundred poundes appointed for her porconn shalbe and remaine unto suche of my Sonns as shall at the time of her decease be Exequitor of this my last will And further I will that the saide porcon of Two hudnred poundes shall immediatelie after my decease be delivered and paid unto Elizabeth my wiefe for her to put out Soe that shee uppon paimente theareof doe becom bounde with sufficiente suerties in suche bondes and with suche condicon and to suche person as is aforesaid touchinge the porcions of my other daughters. And my minde is that Elizabeth my wiefe shall have the profitt and commoditie that shall arise or growe by the interest & use of the saide twoe hundred poundes for the findinge and bringinge up of my said daughter Grace, untill shee shall accomplishe her age of Twentie yeeres If shee marrie not nor die before that age. And my will is, that when my said daughter Grace shall accomplishe her age of Twentie yeeres and be not married Then shee to receave and take the whole commoditie and profitt growinge and arisinge of the use of the saide Twoe hundred poundes untill shee marrie or die Item I will and bequeath unto Isacke Haie my sonne Twoe hundred poundes of lawefull English moneie to be paide unto him when he shall accomplishe his full age of one and twentie yeeres if he shall soe longe live, But if my said son Isack shall happenn to decease before he shall accomplishe his said age of xxi yeeres, Then I will the saide Twoe hundred poundes appointed for his porcon shalbe and remaine unto suche of my Sonns as shall at the time of his decease be Exequitor of this my last will. And further I will that the said porcon of Twoe hundred poundes shall immediatelie after my decease be delivered and paide unto Elizabethe my wiefe for her to put out Soe that shee uppon the paimente theareof unto her doe becom bounde unto my overseers of this my will with sufficient suerties in a sufficiente obligation of double the summ with condicon for the true paimente and deliverie thearof accordinge to the purporte and true meaninge of this my will And my minde is, that Elizabeth my wiefe shall have the profitt & commoditie that shall arise or growe by the interest and use of the saide twoe hundred poundes for the bringinge up and findinge of my saide sonn Isack untill he shall accomplishe his age of Twentie one yeeres if he die not before that age. Item I will and bequeath unto Abraham Haie my Sonn Seavenn hundred thirtie and three poundes Six shillinges eighte pence of lawefull english moneie To be paide unto him when he shall accomplishe his full age of one and twentie yeeres if he shall soe longe live, But if my said son Abraham shall happen to decease, before he shall accomplishe his said age of xxi yeeres Then I will the saide Seaven hundreth thirthie three poundes six shillinges eighte pence appointed for his porcion, shalbe and remaine unto suche of my sonnes as shall at the time of his decease be Exequitor of this my last will. And further I will that the saide porcion of seavenn hundred thirtie three poundes six shillinges eighte pence shall immediatelie after my decease be delivered and paid unto Elizabethe my wiefe for her to put out Soe that she uppon the paiemente theareof doe becom bound with suffciente suerties in suche bonde and with suche condicon and to suche persons as is aforesaide touchinge the porcon of my Sonn Isack. And further my will and meaninge is, that if my said Sonn Abraham will goe unto one of the universities before he come to the age of one and twentie yeeres for to studie theare; That then my saide wiefe shall allowe and paie unto him for his maintenance and findinge soe longe as he shall continue theare Fower and twentie poundes yeerelie at twoe usuall feastes in the yeere That is to saie at the Annunciason of the Virgin Marie And St Michaell the Archangell by equall porcons, And also if my saide sonn Abraham will goe unto the Innes of the Courte or Chancerie for to studie theare before he shall come to the age of Twentie one yeeres, That then my said wiefe shall allowe and paie unto him for his findinge and mainetenance soe longe as he shall continue theare Thirtie poundes yeerelie at the twoe severall times before specified. Item I will and bequeathe unto Edmunde Haie my sonn Seavenn hundrethe thirtie three poundes six shillinges eighte pence of lawwfull englishe moneie to be paide unto him when he shall accomplishe his full age of Twentie one yeeres if he shall soe longe live But if my said sonn Edmunde shall happenn to decease before he shall accomplish his said age of one and twentie yeeres Then I will the said Seaven hundred thirtie three poundes Six shillinges eighte pence appointed for his porcon shalbe and remaine unto suche of my Sonns as shall at the time of his decease be Exequitor of this my last will. And I further will that the said porcion of Seaven hundred thirtie three poundes six shillinges eighte pence shall immediatelie after my decease be delivered and paide unto Elizabethe my wiefe for her to put out Soe that shee uppon the paiemente theareof doe becom bounden with sufficiente suerties in suche bondes and with suche condicon and to suche persons as is before mencioned touchinge the porcion of my said sonn Isack. And my minde is that Elizabeth my wiefe shall have the profitt and commoditie that shall arise or growe by the interest and use of the saide Seavenn hundred thirtie three poundes six shillinges eighte pence for the findinge and bringinge up of my saide Sonn Edmunde untill he shall accomplishe his age of one and twentie yeeres And further my will and meaninge is that if my said Sonn Edmund will goe unto anie of the universities before he come to thage of one and twentie yeeres for to studie theare, That then my saide wiefe shall allow and paie unto him for his mainetenance and findinge soe longe as he shall continue theare Fower and twentie poundes yeerelie at two usuall feastes in the yeere, that is to saie at Thannunciacon of the Virgin Marie and St Michaell the Archangell by equall porcons. And also if my saide sonn Edmund will goe unto the Innes of the Courte or Chancerie for to studie theare before he shall come to the age of xxi yeeres That then my saide wiefe shall allowe and paie unto him soe longe as he shall continue theare thirtie poundes yeerelie at the Twoe severall times before specified. Item I will and bequeathe to Ferries Haie my Sonn Seaven hundred thirtie three poundes Six shillinges eighte pence of lawefull English moneie To be paide unto him when he shall accomplishe his full age of one and twentie yeeres yf he shall soe longe live, But if my saide sonn Ferries shall happenn to decease before he shall accomplishe his said age of one and twentie yeares Then I will the saide Seavenn hundred thirtie three poundes six shillinges and eighte pence appointed for his porcion shalbe and remaine unto suche of my Sonns as shall at the time of his decease be Exequitor of this my last will. And further I will that the said porcion of Seaven hundred Thirtie three poundes Six shillinges and eight pence shall immediatelie after my decease be delivered and paid unto Elizabeth my wiefe for her to put out Soe that uppon the paiement theareof shee doe first become bounden with sufficient suerties in suche bond and with suche condicon and to suche persons as is before menconed touchinge the porcon of my saide sonn Isack. And my minde is that the saide Elizabeth my wiefe shall have the profitt and commoditie that shall arise or growe by the interest and use of the saide Seaven hundred thirtie thee poundes Six shillinges and eight pence for the findinge and bringinge up of my said Sonn Ferries Haie untill he shall accomplish his age of Twentie one yeeres. And further my will and meaninge is, That if my said Sonn Ferris will goe unto anie of the universities before he come to the age of Twentie one yeeres for to studie theare, That then my saide wiefe shall allow and paie unto him for his mainetenance and findinge soe longe as he shall continue theare fower and twentie poundes yeerelie at twoe usuall feastes in the yeere That is to saie att Thannuncacon of the blessed virgin Marie and St Michaell tharchangell by equall porconns. And also if my saide Sonn Ferris will goe unto the Innes of the Courte or Chancerie for to studie theare before he shall come to thage of one and twentie yeeres, That then my saide wief shall allowe and paie unto him soe longe as he shall continue theare Thirtie poundes yeerelie at the twoe severall times before specified Provided allwaies and my verie will is, That if my saide wiefe shall happen to marrie or die before that all or anie of the porcons of my saide childrenn shalbe by the purporte or intente of this my will paiable, or before suche time as all or anie of the saide porconns shalbe paid accordinge to this my will, That then my said wiefe her Exequitors or assignes shall within fower monethes nexte ensuinge suche her marriage or death well and trulie deliver and paie unto the overseers of this my will or to soe manie of them as shalbe then livinge, and will receave and deale with the same all suche sommes of moneie legacies and porconns by this my will appointed for my said children as shall before that time have been delivered or paide unto her And which shall not then be by her paid over unto my saide children for theire porconns accordinge to this my will, Soe that my said overseers, or as manie of them as shalbe then livinge and will receave and deale with the same uppon the paimente theareof will becom bounde to suche of my Sonns as shalbe then my Exequitor with sufficient suerties in such sufficiente obligacon or obligacons of double the value of the saide porcons Soe to them or either of them to be delivered or paide with condicon or condicons for the true paimente of the saide porconns soe by them or either of them to be receaved, according to the purpose and true meaninge of the said will, and then my will and meaninge is, That my saide overseers, or suche of them as shall receave, and deale with the saide porcons as aforesaide, shall from and after suche paimente to them or either of them made have the educason and bringinge up of my said sonns, and daughters, And shall bringe them up and provide for and finde them well and decentelie in all thinges as children of theire degree and callinge oughte to be broughte up and founde. And that my wiefe shall have the educacion of them noe longer. And that my said overseers or suche of them as shall receave or deale with the saide porconns shall make allowance, and be accomptable unto my saide children for the use and commoditie of theire saide severall porconns after the rate of eighte pounde by yeere for everie hundred poundes out of which yeerelie use and commoditie I will that my said overseers or suche of them as shall receave the saide porconns or anie parte theareof, shalbe allowed and deducted unto them for the bringinge up of till and everie of my saide sons and daughters which shall not be broughte up at the universities or Inns of Courte or Chancerie after the rate of thirteene poundes six shillinges and eighte pens by yeere And for the bringinge up of suche of my sonns as shalbe brought up at the universities or Inns of Courte of Chancerie duringe the time they shalbe broughe up theare suche Somms of moneie and soe muche allowance as my saide wiefe should by the purpose or intente of this my will have paid or allowed yeerelie unto suche of my said sonns as shoulde be brought up at the universities or Innes of Courte or Chancerie Which said Sonnes soe to my said overseers or to suche of them as shall deale with the saide porcons to be allowed and deducted, I will to be by them bestowed and paide uppon And aboute the bringinge up and findinge of my said children. Provided allwaies more over, that if my saide wief shall refuse to deale with the educacon of my saide chidlren or of anie of them or with the porcons of them or anie of them or to becom bounden with suerties in suche bondes as aforesaid or shall not uppon reasonable request to her by mine overseers, or anie of them to be thearefore made; And uppon the offer of paimente of the saide severall porconns becom bounden with suche suerties and in suche bondes, and with suche condicons and to suche persons as aforesaide, That then and immediatelie from thence fourthe I will and my minde is, that my saide wiefe shall not have to deale with the bringinge up of my saide children nor with their saide porconns, But I will that mine overseers or soe manie of them as will deale thearewith shall have the bringinge up of my saide children, And shall have all the porconns of my saide children paid and delivered unto them immediatelie Soe that theie or soe maine of them as will soe deale with the same uppon the paiemente of the said porconns unto them wilbe come bounde unto suche of my childrenn as shall then be mine exequitor with sufficiente suerties in sufficient obligacon or obligacions of the double value of the saide porconns soe to them or either of them to be delivered and paide with condicon or condicons for the true paimente of the saide porconns, soe by them or either of them to be receaved, accordinge to the purpose and true meaninge of this my will And then my will is that mine overseers or such of them as shall soe deale with the saide porcons shall make suche yeerelie allowance for their bringinge up And have suche allowance, and deduction thearefore in all thinges in suche manner and forme and to suche effecte as theie shoold have donn and had if theie should have receaved the saide porconns as is aforesaide after my said wiefe should have married againe, or died. The residue of all my goodes and chattells not by this my will bequeathed my debtes beinge paide and my legacies performed I give and bequeath unto my Sonn Thomas Haie to be paid and delivered unto him when he shall accomplish the age of Twentie one yeeres, yf he shall so longe live, But if my said Sonn Thomas shall fortune to decease before he shall accomplishe his saide age of one and twentie yeeres Then I will that the saide residue of all my goodes and chattells my debtes being paide and legacies performed, shalbe paid unto suche of my Sonns as shalbe mine Exequitors at suche time he shall accomplish his full age of one and twentie yeeres. And I doe make my saide sonn Thomas Haie my sole Exequitor of this my last will and testamente Provided allwaies that if my said sonn Thomas shall happen to decease before he shall accomplishe his age of one and twentie yeeres Then I will that from thence foorthe Isacke my sonn shalbe sole exequitor of this my last will and testamente, Provided allwaies that if my said sonn Isacke also shall decease before he shall accomplishe his age of Twentie one yeeres Then I will from thenceforthe Abraham my Sonn shalbe my sole Exequitor of this my last will and testament. Provided allwaies that if my saide sonn Abraham shall also decease before he shall accomplishe the saide age of xxi yeeres my saide Sonns Thomas and Isacke beinge dead not havinge accomplished the age of xxi yeeres Then I will that from thence foorthe Edmunde my Sonn shalbe my sole Exequitor of this my last will and testamente. Provided allwaies, that if my said Sonn Edmund also shall decease before he shall accomplishe the said age of xxi yeeres, my said sons Thomas, Isacke, and Abraham beinge dead not havinge accomplished the age of xxi yeeres Then I will that from thencefoorthe Ferris my son shalbe my sole exequitor of this my last will and testamente And I doe ordaine and make overseers of this my last will and testamente my lovinge brothers in law and frendes Edwarde Feilde, and George Backer gentlemen and John Forreste gent: John Dawrton gent: and John Ellice yeoman; And I give unto them three poundes six shillinges eighte pence a peece. And I ernestelie require and beseeche the right honorable and my verie good Lorde the lorde Buckhurste, that as I have founde his honor alwaies duringe my liefe myne honorable and verie good lorde And frende; Soe that he woulde vouchesafe to extende and continue his L: favor and frindeship unto me ever after my death in assistinge and givinge his L: lawfull favor and aide unto my wief & children and to mine executor and overseers of this my will; Thatsoe by his L: assistance this my will maie be the better and quietlier performed, And that my wiefe and children maie the more quietlie enioie theire porconns given by me to them as well by this my will as also by anie acte exequited in my liefe time by me againste all claimes, challenges, and quarrells that shalbe hereafter made or pretended by my twoe eldeste Sonns Willim and John Haie, or anie of them, or by anie other person or persons whatsoever; And in considerason hereof as also in a dutifull thankefullnes unto his Lo: for his manifolde goodnes towardes me I doe give and release unto his Lo: the Twoe hundred poundes, for the paiemente wheareof unto me, his Lo: and his son Mr Roberte Sackville stande bounde unto me by theire obligacon in the somm of fower hundred poundes Requiringe his Lo: to accept it at my handes as a finall pledge of my serviceable good will towardes his Lo: Againe mstanblie [i.e. "most humbly"] beseechinge his honor to continue good Lorde to my wiefe and children. This is the last will and testamente of my the said Thomas Haie made the daie and yeere firste above writtenn Concerninge the disposicon of all my manors, landes, tenements, rentes, and heriditamentes whatsoever within the realme of Englande: Firste whereas I have heretofore by deedes indented dated the Twentie three daie of marche in the Thirtie three yeere of the raigne of our most gracious soveraigne Ladie and Queene Elizabeth that nowe is conveyed landes all my landes Tenementes and heriditamentes whatsoever within the parishes of Battell, Mountefeilds, and Penhurste, in the Countie of Sussex all suche landes and tenementes as I latelie purchased of Richarde Aweeke late of Netherfeilde in the parishe of Battell aforesaide, and nowe of Hastings in the saide Countie of Sussex And also all suche landes as I latelie purchased of John Foote Michaell Foote and Michaell Hawkins, or anie of them onlie excepted unto my brothers in lawe Edward Feilde and George Porter and to theire heires to the use of my selfe duringe my liefe without ympeachemente of anie manner of waste, and after my decease To the use of Willim Haie my eldest Sonn and of the heires males of his bodie lawefullie begotten, And for defaulte of suche issue [added in the margin: To the use of Isaack Hay an other of my Sonnes and of the heires males of his bodie Lawfullie begotten and for default of such Issue] To the use of Abraham Haie another of my sonnes and of the heires males of his bodie lawefullie begotten and for defaulte of suche issue my minde and meaninge is likewise of all the parties to the saide conveyance was, That it shoulde have binn to the use of Edmunde Haie annother of my Sonnes and of the heires males of his bodie lawfullie begotten And for Defaulte of suche issue to the use of Ferris Haie annother of my Sonns and of the heires males of his bodie lawefullie begotten And for defaulte of suche issue To the use of Thomas Haie annother of my sons and of the heires males of the bodie of the saide Thomas my Sonn lawefullie begotten. And for defaulte of suche issue of the bodie of my said son Thomas and of the bodies of the rest of my saide Sonns To the use of my selfe and of my righte heires forever, In which conveyance the name of my said sons Edmunde is mistaken and is written Edwarde as by the saide convayance planielie appearethe wheareby theare maie be some doubte made, and after my decease contencon more grow betwene my said children touchinge the said entaile, intended and mente unto my saide Sonn Edmunde, I therefore confirminge my former minde and intente to advance my saide son Edmunde as well as the rest of my said sons Doe plainelie declare and satisfie by theas presentes That my meaninge and intente at the time of the saide conveyance was, that by the same, by saide sonn Edmunde shoulde have bin nexte in remainder after the decease of Abraham my Sonn without issue male, howe beit, howsoever it maie hereafter by extremitie of lawe happen, that my said sonn Edmunde, or the heires males of his bodie shall by reason of the said misnaminge be excluded and not suffered to enioie and have the saide landes, and tenementes in suche manner and at suche time as by the saide conveyance my minde was to have assured it to him; I doe further by this my last will and testament will and divise that after the deathe of my said Sonn Thomas Haie, and of my saide other sons William Haie Abraham and Ferris withouth issue male of his theire and everie of theire bodies lawefullie begotten. All the saide landes tenementes & heriditaments in the said conveyance menconed Except the landes tenementes & heriditaments thearein excepted, Shall whollie remaine and be unto my said son Edmunde To have and to holde to hime and to his heires males of his bodie lawefullie begotten. Item I will, that if Mr Willm Nowell of Battell in the Countie of Sussex aforesaide, his heires Exequitors, or administrators, doe not well and trulie paie unto Constance Pilcher her exequitors, or administrators within one yeare nexte after my decease, The summ of fiftie poundes of lawefull englishe moneie, togeather with the intereste for the forbearinge theareof from the sixte daie of October in teh xxxth yeere of the raigne of our Queene that nowe is untill the time of the paimente theareof as aforesaide to be made; Then I will that the two peeces of lande lieng togeather in Battell aforesaide with the barne theareuppon, which the saide Willim Nowell purchased of William Cowper, and morgaged unto me the saide Thomas Haie with other landes for the suertie of paimente of a certaine summ of moneie all by his deede theareof to me made plainelie appeareth shall immediatelie after suche defaulte of paimente in forme aforesaide to be made Remaine and be to the saide Constance Pilcher To have holde to her and to her heires forever in liewe recompence, and satisfaccon of and for here said porcon. Item I will and divise unto my saide sonn Thomas Haie, all that my landes and tenementes in Hastinges whcih I latelie purchased in morgage of Richard Lisse Jurat And all those my landes, Tenementes & heriditamentes in Manghfeild, which I late purchased of Gregorie Ralfe And all those my landes, Tenementes, and heriditamentes in Tysehurste and in Etchingham which I late purchased of John Forreste And all other my landes tenementes, Rentes annuities, revercons, remainders farmies and heriditamentes with thappurtenances in Cosolinge, and in the parishes of Horstmoniceaux, Warthinge and Hoe in the said Countie of Sussex, and in the parishes of Hawkeshurste Cowdhurste and Crambrooke in the Countie of Kente To have and to holde all the said landes messuages Tenementes rentes Annuities Morgages and heriditamentes in the said parishes of Maughfeilde Tisehurste Etchinghame Costyn Horstmonceaux, Wartlinge, Hoe, Hawkeshurste Goodhurste and Crambrooke unto the saide Thomas Haye my Sonn and to the heires males of his bodie lawefullie begotten. And if my saide sonn Thomas die without suche issue Then the remainder theareof to my sonn Edmunde Haie and to the heires males of his bodie lawefullie begotten and if my saide sonn Edmunde die without suche issue Then the Remainder theareof to Isacke Haie my sonn and to the heires males of his bodie lawfullie begotten. And if my said sonn Abraham die without suche issue Then the Remainder thereof to Ferris Haie my sonn and to the heires males of his bodie lawfullie begotten. And for defaulte of suche issue To remaine to the righte heires of me the said Thomas Haie forever. Item I will and devise to Isacke Haie my Sonn all those my twoe houses and gadens with the appurtenances situate in the parishe of St Clementes in the towne of Hastinges. And also all that parcell of landes lienge within the libertie of Hastinges aforesaide called Courte Crofte To have and to hold the said twoe houses and gardins with the appurtenances and the said parcell of land called Courte Crofte unto the saide Isacke my Sonn duringe the liefe of Elizabethe my wiefe, And after her decease I will that the saide houses and landes shall whollie remaine and be unto the saide Isacke my Sonn duringe the liefe of Elizabethe my wiefe, And after her decease I will that the saide houses and landes shall whollie remaine and be unto Thomas Haie my sonn and to this heires forever. And further I will and devise all and singuler other my messuages, houses, landes tenementes, Rentes, Reverconns, Remainders, and heriditamentes whatsoever with the appurtenances which I have within the Realme of Englande not before by theas presents bequeathed or devised To my sonn Thomas Haie To be had and holdenn unto him his heires and assignes forever And further I will my said overseers shall receave and take all the issues and profitts of all and singuler the landes Tenementes rentes reverconns and heriditamentes before by theas presents devised or willed unto my said sonn Thomas Haie untill my said sonn Thomas shall accomplishe his age of Twentie one yeeres And then shall make a iust accompte and true paimente unto my saide sonn Thomas of all the same issues and profitts soe to be by them receaved and taken But if my said sonn Thomas shall decease before his age of xxi yeeres, Then I will that mine overseers shall make a iuste and trewe accompte and paiement of all the saide issues and profitts of the said landes to my saide sonn Thomas devised To suche other of my Sonns to whom the saide Landes Tenementes and hereditamentes or the Remainder theareof shall by the limitaconns aforesaid come accrewe or be at suche time as he shall accomplishe his saide age of one and twentie yeeres And I will and my minde is, that all and everie suche of my Tenentes asat the time of my decease shall have holde or occupie the aforesaide mannors, messuages, Landes, Tenementes, and Hereditamentes, and other premisses before devised or willed or anie of them or anie other of my landes Tenementes hereditamentes within the realme of Englande, paienge theire accustomed rentes and sufficientelie repairinge fensinge and inclosinge such and soe muche of the premisses as they and everie of them have or then shall have holde or occupie Shall for and duringe the space of Twoe whole yeeres next ensuinge my decease quietlie and peaceablie without anie manner of disturbance eviction or expulsion have, holde, occupie the same anie thinge in this my will contained to the contrarie in anie wise notwithstandinge. And whereas Gregorie Raffe of Crawehurste in the saide Countie of Sussex did of late infeoff me the said Thomas Haie of and in certaine landes lienge in the parishe of Mangefeild in the said Countie of Sussex to be had and holdenn to me and mine heires in fee simple uppon certaine condicons in the saide deede of feoffmente on his parte to be performed contained as by by the saide deede appearethe And wheare sithence the saide Gregoire Ralffe hathe not performed the saide condiciones wheareby I am at this parte seazed of the saide Landes and tenementes in my demesne as of fee simple of him absolute estate, Provided allwaies that never the lesse And I doe by theas presents will and devise That if the saide Gregorie Ralffe his heires Exquitors Adminstrators or assignes Shall and will at anie time bringe or to mine Overseeres or to anie of them at one whole and intier paimente the Somm of Twoe hundred and fiftie poundes of lawefull englishe moneie togeather with soe muche moneie for the forbearinge of the same as it shall amounte unto after the rate of Twentie five poundes by the yeere for the forbearinge theareof from and after the time of my decease untill the time of the said paimente soe to be made That then from and after suche paiement to be made All suche estates as by this my will are limited unto my sone Thomas Haye and his heires of and in and to the saide alndes tenementes and heriditamentes in the said parish of Mangefeilde shall cease determine and be voide And that then and from thencefoorthe I will all the saide landes, tenementes, and hereditamentes in the saide parishe of Mangefeild with thappurtenances unto the saide Gregories Ralffe his heires and assignes forever. But if the saide Gregorie Ralffe shall or doe not paie the said somm of Twoe hundred and fiftie poundes with the encrease of the saide moneie that shall arise of the saide Somm at or before the time before limited Then I will and devise all the saide landes and tenementes shalbe and remaine unto my said sonn Thomas Haie and his heires forever. And further wheareas I the saide Thomas Haye have binn heeretofore binn verie unlawefullie assaulted, wounded, and evell intreated to the greate perill of my liefe by certaine persons beinge maliciouslie bente againste me, And am yeat in Doubt of such like Daunger Thearefore for the wordinge of the like Daungers, I doe by theas presents especiallie entreate and ernestelie charge mine Exequitor and overseers as theie will annswer at the daie of Judgemente, That if I shall happen to be bereaved of my liefe by anie malefactour or malicious persons whatsoever That then theie my saide Executor and overseers shall prosequte the Lawe againste suche malefactour and malicious persons untill iudgemente of deathe and exequucon shalbe uppon them had, And I will that all the charge and expens that shalbe uppon or about the saide prosequucon laid oute shalbe allowed to my said Exequitor and overseers out of my goodes. And if my said Executor and overseer shall not prosequite suche malefactors and malicious persones as aforesaide, Then I will that if anie other person whatsoever will prosequite them as aforesaide, That then after suche iudgemente and exequicon had my saide Exequitor shall paie unto suche other person as soe shall prosequite the same untill iudgement and exequicon be had out of my childrens procons equallie to be taken the summ of five hundred poundes of lawfull englishe moneie. And my will is that if anie person or persons unto whom anie legacie is by this my will bequeathed shalbe founde guiltie of anie such attempte That then everie suche person to loose all and everie legacie to them by this my will bequeathed. Signed Sealed and published by the saide Thomas Haye as his last will and testamente in the presence of those persons whose names are hereunder subscribed Robert Allerton Thomas Ralffe Thomas Warde Edward Hewesley Robert Daniell
[proved 23 March 1591]
A transcription of Elizabeth Haye’s will
In the Name of God Amen: The Fyrste daye of Julie in the nyne and thirth yeare of the Raigne of our most gracious Soveraigne Ladie Elizabeth by the grace of God of England France and Ireland Quene defendor of the Fayth &c I Elizabeth Haye of the town of Battell in the countie of Sussex widowe being of p[er]fect memorie but weake in bodie doe make and ordayne this my Last will and Testament in manner and forme followinge: Fyrst I bequeath my sowle to the mercye of our Lord and Savior Jesus Christ and my bodie to be buryed at the discretion of my Executors. Item I give to the poore people of Battell Twentie shillings to be distritbuted amongest them at the daye of my buryall. Item I give unto Isaac Haye my sonne of fetherbedd, one boulster, two pillowes, two payre of piloowberes two payre of shets one payre of blanketts, and one coverlett, and also I give unto him my litle ioyned chest in in [sic] the hale chamber of my nowe house at Netherfeild in the p[ar]ish of Battell. Also I give and bequeath unto my Sonne Isaacke Haye the two spurialls which his Father gave him and three angels, alsoe one standinge bowle of sylver wherin I use to drincke beere, and Sixe of my sylver spones, and my little sylver and gilt saltseller my best bible and my booke of Martyrs: All these things to be delyvered unto him when he shall attayne unto and be of the age of one and Twentie yeares. Item I give and bequeath unto Abraham Haye my Sonne Twentie shillings two payre of sheets, two payre of pillowberes one fetherbed one boulstere one payre of blankets and a coverlett. Itlem I give and bequeath unto Ferris Haye my Sonne Twentie shillings, two payre of sheets, two payre of pillowbeares, with one featherbed and the boulster, the coverlet, and one payre of blankets to be delyvered unto him when he atteyneth unto the age of one and twentie yeares. Item I give and bequeath unto Dorothie Haye, my daughter three Angells, and also one hundreth pounds of lawfull money of England one fetherbed one boulster two pillowes, two pillowbers and one coverled with the olde Joyned chest in the hall chamber of my howse at Battell, also I geve and bequeath unto the said Dorothie my daughter one sylver and gilte cupp and one of my gold rings all these to be delyvered and payd unto her at the daye of her marriage, or when she shall atteyne unto the age of eightene yeares, which of them soever it shall please God that she first atteyne unto: Item I give and bequeath unto Grace Haye my daughter a spurriall, and three Angells, the fetherbed and bolster, and a payre of pillowes, wheron I lye in the hall chamber of my howse at Battell with the coverlet and two blankets used w[ith] it. Also I geve unto my daughter Grace the little chest in my p[ar]lor chamber w[ith] all the lynnen in it, and my weddinge ringe, and my little silver cuppe: Also I give and bequeath unto Grace Haye my daughter one hundred pounds of money the which money, and household stufe, and also my virginalls and a booke called the sickemans salve which I give unto my said daughter Grace, my mynde and will is that yt shalbe payde and delyvered unto her at the daye of her marriage or when she doth atteyne unto the age of eightene yeres which of them soever it shall please God that she first atteyne unto: Item my will and mynde is that yf either of my said daughters Dorothie or Grace doe dye before she shall attayne unto the age of eightene yeres or be married: Then I will her parte or portion so dyenge shall remayne unto thother survivinge, and yf both happen to dye before such tyme as aforesayde: Then I will all their p[ar]tes and porc[i]ons as afore bequeathed shall remayne and be equallie devided betwene my sonnes Isacke Hay, Abraham Haye Edmond Haye, and Ferris Haye: Item I geve and bequeath unto Edmonde Haye my Sonne Twentie Syxe shillings, also all my bedstedles, tables stooles, chayers, and other woodenhoushold and brewinge vessels w[i]th the Brandirons, Iron plates, paynted clothes, and shelves, which I have in my howse in Battell. And also I geve and bequeath unto Edmonde Haye my sonne my newe fetherbedd and boulster with the coveringe and blanketts and one payre of pillowes used with the same bedd and two payre of sheets and two payre of pillowcoats, furthermore I give and bequeath unto my sonne Edmond Haye one sylver standinge bowle wherin I use to drinke beere and fowre sylver spones an my greate sylver and gilt saltsiller to be delyvered unto him when he shall atteyne unto the age of one and twentie yeares. Item I give and bequeath all my flockebeddes with all the resydue of my blanketts an coveringes not before bequeathed unto Isacke and Edmond Haye my Sonnes to be equallie devided betwene them, and to be delyvered unto either of them when he atteynedth unto the age of one and twentie yeres: It[em] I geve to my daughter Foster a french crowne, and to hir sonne Thomas Foster Tenn shillings It[e]m I geve to my sonne Thomas Haye his two daughters, and unto Elizabeth Haye daughtr to Wm: Haye, and unto Marye Braid daughter of Thomas Braid my Sonnes in lawe, to everie one of these fowre daughters a frenche crowne a peece. Item I give to Elizabeth Haye daughtr of Mr John Haye Tenne shillings. Item I give to John Love sonne of Wm: Love of Battell Tenn shillings: Item I give to Elizabeth Woodrell my goddaughter Tenne shillings. Item I give all my wearinge linnen with my two best gownes, two kertles, and one peticote to my daughters Dorothie and Grace to be equallie devided betwene them: Furthermore I geve and bequeath all the resydue of my sheets table clothes and napkins, pillowbeeres and towells with all my brasse, pewter and Iron vessels not gyven or bequeathed by this my will unto anie of my other Children unto my sonnes Abraham and Ferris to be devided equallie betwene them and to be delyvered unto eyther of them when they shall accomplishe the age of one and twentie yeares. Item I will and bequeath my howse in the towne of Battell with the outhouse backeside orcharde and garden thereunto used or belonginge, and also my coppieholde stable in the saide towne, unto Ed: Haye my sonne to him and to his heires of his bodie lawfullie begotten: And yf my sonne Edmo: die without such yssue, Then my will is the said house, outehouse backsyde orcharde garden and stable shall remayne unto Abraham Haye my sonne and to the heyres of his bodie lawfullie begotten. And yf Abraham Haye die without such yssue, Then my mynde and will is, that it shall remayne unto Ferris Haye my sonne and to the heires of his bodie lawfullie begotten; And yf my sonne Ferrice die without such yssue: Then my mynde and will is that it shall remayne unto Isacke Haye my sonne and to the heires of his bodie lawfullie begotten, And yf my sonne Isacke die without such yssue Then my mynde and will is that it shall remayne unto Thomas Haye my sonne and to the heires of his bodie lawfullie begotten. And for default of such issue Then my will and mynde is that the said howse, outhouse backsyde orcharde garden and stable shall remayne unto Dorothie and Grace Haye my daughters to them and theire heires forever. And further my mynde and will is that yf my Sonne Edmond Haye dye before he come unto the age of one and twentie yeres that then all such houshold stuffe which in this my will I have geven and bequeathed unto the said Edmond Haye my sonne shall be and remayne unto Abraham Haye my sonne forever. And my very mynde and will is that Goddard Foster of Battell my sonne in Lawe shall have the custodie and kepinge of all my housholde stuffe & plate before by this my will bequeathed unto my children untill such tyme as I have limitted in this my will for them to receave it and also of the two hundred pounds bequeathed unto my daughters Dorothie and Grace he entringe into sufficient bond unto my brother Tho: Baker of Battell for the true payment of the said two hundred pounds and delyveringe of the houshold and plate at the tymes before specified in this my will. And yf my sonne Foster refuse to enter into sufficient bond for the true delyverie and payment of the household stuffe plate and money as is before specified: Then my mynde and will is that my Brother Baker of Battell shall have the custodie thereof and make payment and delyverie therof at the times before lymited: And also my mynde and will is, that my sonne in lawe Goddard Foster shall have his dwellinge in my howse at Battell w[i]th the outhouse orcharde garden and stable therunto used untill my Sonne Edmonde Haye attayne and come unto the age of one and twentie yeares payinge nothinge for his dwellinge therein but the rent due unto the lorde therof for such time as he dwelleth therin. And that he keepe it sufficiently repayred of his owne charges. And yf my sonne Edmond dye before he attayne unto the age of one and Twentie yeares. Then my sonne Foster to have his dwellinge therin untill such tyme as some one of my other sonnes unto whom I have limitted the Remaynder of the same beinge the next in Remainder that is livinge at that time attaine unto his age of one and Twentie yeres. But yf my Sonne Foster will not dwell in my howse at Battell himselfe Then my Will is that my brother Thomas Baker of Battell shall have the like libertie and benefitt in dwellinge in the sayde house at Battell as my Sonne Foster should have hade yf he had dwelled therin, And yf neither my Sonne Foster nor my Brother Baker will dwell in my house themselves Then my Will is that my Sonne Foster shall let yt out to the best behoof and com[m]oditie of my Sonne Edmonde Haye, or of such one of my other sonnes as shalbe the rightfull owner at that tyme lyvinge. And alsoe yelde accompte of the rent and proffits that shall come therof, at the full age of my Sonne Edmo: or of such other of my sonnes as shalbe the right owner at such time as he shall attaine unto the age of one and twentie yeares. Item I give to my cosen Staple widow at Hastings twentie shillings. Item I geve to Robt Henkins and Elizabeth Milborne my servants Twentie shilling a peece: Item I geve to Agnes Bourne that tended me in my sicknes Twentie shillings. Item I geve to Elizabeth Hardwell Tenne shillings. Item I give to William Reder my Tenannt Twentie shillings The residue of all my goods and chattells not before bequeathed by this my will, my debts legacyes and funerall payd and discharged I will shalbe equallie devided amonge all my children. I ordayne and make my Brother Thomas Baker of Battell my Executor of this my Last will and Testament. And I ordayne and constitute George Porter and Edward Feilde my bretheren in lawe, and Thomas Haye my sonne overseers of this my Will and Testament, to exeris of whome I give --- Elizabeth Haye her marke. Witnesses to this will. John Dunstone, William Love, and Richard Boys. John Donstone his marke:/
[proved 20 October 1597]
Commentary
Vivian (p. 123) states that Thomas was still alive in 1595, citing the settlement of Belhurst with this date where a John Hayes includes a remainder to Thomas Haye, his father. However, the monumental inscription combined with the probate of the will is conclusive evidence that Thomas died in 1591. Vivian seems to have misread the settlement. Here is the description in the National Archives catalogue:
DUN 14/3
Certified copy settlement
5 August 1595
John Haye of Brightling, gent, Robert Pettit of Brightling, yeoman, and Thomas Grenfeild of Brightling, yeoman, to JH's brother William Haye of Salehurst, gent and John Pilcher of Battle, yeoman, in trust
The manor of Belhurst as DUN 14/2 above
WH and JP to hold in trust for JH and his wife Mary for their lives, remainder to JH's son Herbert Hay for life, remainder to his heirs in tail male, remainder to JH's son William Hay and his heirs in tail male, successive remainders to JH and WH and their heirs in tail male, remainder to Mary daughter of Thomas Bray of Westdean, gent, and her heirs in tail, remainder to the heirs of Thomas Haye, deceased, in tail male, reversion to Thomas Haye's right heirs
W: Anthony Morle, John Smith, William Clay, ?Grevett Beiat
Copy certified by William Newton, Roger Cobie, [1616]
References
Attree, F. W. T. Notes of post mortem inquisitions taken in Sussex: 1 Henry VII to 1649 and after, [1485-1649]. (London: Sussex Record Society, 1912).
Bannerman, Bruce (ed.), The Visitations of the County of Sussex made and taken in the years 1530 by Thomas Benolte, Clarenceux King of Arms; and 1633-4 by John Philipot, Somerset Herald, and George Owen, York Herald etc. (London: 1905).
Haye v Lovet., in United Kingdom. Documents Online: The National Archives, C 1/1302/29, 1551 to 1553.
Hughes-Clarke, Arthur William, and Edward Bysshe. The Visitation of Sussex, anno domini 1662, made by Sir Edward Bysshe. (London: [Harleian Society], 1937).
Reed, Paul C. “The English Ensigns: Ancestral of Thomas (1) Ensign of Scituate, Massachusetts, and James (1) Ensign of Hartford, Connecticut”, in American Genealogist (Jan, Apr, Jul 2000).
Stevens v Haye., in United Kingdom. Documents Online: The National Archives, C 1/1385/60-62, 1553-1555.
Vivian, Sylvanus P. ed. The Manor of Etchingham cum Salehurst. (Sussex Record Society v. LIII, 1953).
Will of Thomas Haye or Haie, Gentleman of Battle, Sussex, in Church of England. Province of Canterbury. Prerogative Court. Prerogative Court of Canterbury, Probate Records, 1384-1858, National Archives: PROB 11/79/222.
Will of Elizabeth Haye, Widow of Battle, Sussex, in Church of England. Province of Canterbury. Prerogative Court. Prerogative Court of Canterbury, Probate Records, 1384-1858, National Archives: PROB 11/90/342.
Will of Leonard Bishopp of Battle.1617.