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Will of William Daye

of Benenden, Kent

Source: Archdeaconry Court of Canterbury PRC/17/17/278
Submitted by Roy Day
In dei no[m]i[n]e Amen, the 12th day of the monethe of Aprell yn the yere of our[e] Lord God Ml vC xxvijth [1527],
I, Will[ia]m Daye th’elder, of the parishe of Benynden, beyng hole of mynde and p[er]fett memory, make my p[re]sent testament yn this man[er] of wise.
First I bequeithe my soule to almyghty God, our[e] blessed lady, And to all the holy company of hevyn, and my body to be buried yn the churchyard of the p[ar]ishe Churche of Saynt George the Martyr of Beny[n]de[n] forsaied.
Also I bequeithe to the high[e] aulter ther, for my tithes and offerynges forgotyn[e] and neglygently witholden, 3s 4d.
It[e]m I bequeithe to the high[e] aulter of Biddynden for like man[er] 12d.
It[e]m I bequeithe A tap[er] of wax to bre[n]ne [burn] before the ymage of o[ur] lady yn the said churche of Beny[n]de[n] as long as thre shyllyng[es] & 4d will fynde the said tap[er].

It[e]m I bequeithe to ev[er]y of my godchildre[n] 4d.
It[e]m I bequeithe to Joha[n]ne my wyfe A cowe, the best that I have.
It[e]m I bequeithe to Agas my doughter my new chest.
It[e]m I bequeithe to Joha[n]ne my doughter A chest.
It[e]m I bequeithe to Agnes my dough[ter] an[e] other chest.
The Residue of all my stuff of howsold I bequeithe the one halfe to Joha[n]ne my wiff and the other half I bequeithe unto John[e] Daye and Laurence Daye my So[n]nes equally betwyxt theym.

Also I will that the said John[e] Daye and Laurence Day shalhave my sheryng sherys, handell[es] and all other thyng[es] belongyng to my Craft Equally betwext theym.
Also I will that the Cost[es], expens[es] and charg[es] of my out beyryng, moneth mynd, and yeres mynd, be at the disposi[ci]one of myn[e] executors.

The residue of all my moveables not bequeith nor assigned, my dett[es], bequeist[es] and fun[er]all expens[es] first payd, I bequethe hit unto the said John[e] Daye and Lawrence Daye, the which I make and ordeyn myn[e] executors, and Stephane Rogger of Byddynden[e] myn[e] ov[er]sear of this my p[rese]nt testame[n]t and last Will.

This is the last will and orden[au]nce of me, the forsayd Will[ia]m Daye, made the daye and yer[e] above wri[t]ten.

First I will that Walter Bygge, Alyv[er] Merden and Stephane Bygge, my feoff[es] of all my land[es] and teneme[n]t[es] suffer Joha[n]ne my wif and her assignes co[n]venyent for terme of her lif to have and occupye my kechyn [and] Soler [upper room], and to have fyre and flett yn my halle, and lyberte to occupye yn my bakhouse at all tymes to her co[n]venyent and necessary by all the time of her lif.
Also I will that John[e] Daye my so[n]ne at his owne cost and Charge shall kepe A Cowe for the said Joh[an]ne my wif, as well yn wynt[er] as yn som[er], by all t[er]me of lif of the sayd Joha[n]ne.

Also I will that the said John[e] Daye and Laurence Daye my sonnes or their[e] assignes shall paye unto the said Joha[n]ne my wif yerely, t[er]me of her lif, 20s of lawfull money of England, That is to say, eche of theym 10s, quarterly to be paied, under this condition,
That the said Joha[n]ne will releace unto the said Laurence my Sone All her title that she hathe yn suche land[es] as she was endued Inne at our[e] mariage.
And if the saide Joha[n]ne wilnot release her saied dury [dowry], Then I will that she shall have none of the saied 20s to her before assigned.

Also I will and ordene unto Laur[ence] Day my So[n]ne 7 peces of land and wodd, with th’app[ur]ten[aunces], called P[ar]tregges, lieng and beyng yn the p[ar]ishe of Bidyn[den] uppon the denne of Bekynden, conteyning all by Estymacion 12 Acres of land and wodd, with a howse ther uppon bilded,
And also 2 other peces of land and 2 Croftes at th’other syde of the strete, lieng and beyng yn the said p[ar]ishe of Bidynden uppon the denne of Davyden, contaynyng by estymacion 5 Acres of land,
To have to the said Laurence, to his heires and assignes for ev[er], undre this man[er] and condition foloweng, That is to saye,
Laurence or his assignes pay or cause to be paied unto Agas, Joha[n]e and Agnes my doughters, eche of theym 10 marke, To be paid yn man[er] and forme foloweng, That is to saye, To eche of theym A mon[eth] aft[er] my decesse 5 marke, And at the yeres end next aft[er] my decesse, to eche of theym other 5 marke, in full payement of their [a]bovesaid 10 marke,
P[ro]vided Alwaye that and if the saied Laurence Daye and my said doughters do so Agree, and received not their[e] forsaid paymentes as is to theym before assigned, That then I will that my said doughters, or any of theym that so do forbere their said paymentes, shalhave 5s A yere A pece of theym[e] co[m]myng owt of the forsaied 7 peces of land called P[ar]tregges unto suche tyme as the said Laure[n]ce dothe make unto theym payment as is abovesaide.
Also I will that the said Laurence Day shalpaye unto the said John[e] Day my So[n]ne, owt of the saied landes, 20s,
And then I will that the said John[e] shall make a Relesse of the said landes unto the said Laurence and his assignes.

Also I will that my feoffeis suffre Jh[o]n[e] Day my So[n]ne, Ano[n] aft[er] my decesse, to occupie and take p[ro]fite of my messuage and gardyne called Dokynden, A pece of land called the Bernefeld,
And the West part of An other pece of land called the Merlynge, from A certayne grete Stombyll ther, and so downe to an old [?]poldynge tree, and so from the said tree, the said John[e] Day and his assignes to have a waye of 12 fete of brethe unto the workhowse pott ther,
And also A pece of land called Hadstonyffeld, And the wodd with[e] the new garden, An Aker of wodd Above the High[e] feld, the Grete Hothis and the Litle Hothes, and 4 Acres of wodland at Brysynden, forthwith a lawfull waye to goo and to co[m]me to carry unto the said 2 peces of land called the Hothys ov[er] the Teynt croft and the Gardyne, and ov[er] the byngate of my messuage the whiche is ordeyned unto Laurence my Sonne.

Also I [will] that my said feoffeis suffre the said Laurence my Son[ne] and his assignes Ano[n] aft[er] my decesse, to occupye and take p[ro]fitt of my pryncipall messuage that I now dwelyn[e], Except suche rome [room] and easement as is to my wife for terme of her lif before assigned, Also the Garden therto annex[ed], the Teynt croft, the East parte of the Merlynge, the Rodyng, A pece of land called Ov[er]stowne, and 4 other peces of land lieng uppon[e] the denne of Bisshoppynden [?]wythin Bisshoppy[n]de[n] Croft, and the Strod and Trowha[m], and 2 p[ar]celles of wode called Strode Grove lieng uppon[e] the denne of Bektylte, and my wodd uppon[e] the denne of Lysshell forthewith a Causwaye to go and com[e] to carry from[e] the Werkehous unto the saide pece of land called Ov[er]eystowne ov[er] the gardyn[e] whiche is to the said John Daye assigned, The Merly[nge] And so ov[er] the byngate of the said John[e] Daye,

P[ro]vided allway and if the sayd John[e] Daye and Laure[n]ce Day wyll fynde sufficie[n]t suertie to my said feoffes for the fulfillyng of this my p[re]sent testame[n]t and last wyll, Then I will my said feoffes shall deliv[er] unto thaym a state of and yn all suche landes and ten[ements] forthewith weyes and all app[ur]ten[au]nces as is to thaym[e] before assigned, To have unto the said John[e] and Laurence [and] to their[e] heyres and assign[es] for ev[er].

And if the said John[e] and Laure[n]ce will not fynde suerye to my Feoffes As is abovesaid, then[e] I will that they shallhave none astate of and yn the said landes and tene[me]ntes, with th’app[ur]ten[au]nces, unto the tyme my will is fullfilled.
Also more I will that the said John[a] Deye and Laure[n]ce Day and their[e] assignes shalhave my workehous with all vesselles and Impleme[n]tes therto p[er]teyny[n]g[e], forthewith the workehous potte, eq[u]ally betwixt thaym[e], to their[e] heires and Assignes forev[er].

It[em] I bequeith to the mariage of Agnes Hothes 20s, to be paid by myne executo[ur]s.
It[e]m I bequeith to John[e] Hert 20s.
It[e]m I bequeith to Joha[n]ne Daye my goddought[er] 3s 4d if she live to the age of 12 yeres.

Also I will aft[er] the decesse of Joha[n]ne my wife that Agas my dought[er], if she marry not, shalhave for t[er]me of her lif the Chambre ov[er] the litle p[ar]lo[ur] that Laure[n]ce my son[ne] dothe nowe lye yn[e], forthewith libertie to go and com[e] to the said chambre dury[n]g[e] the t[er]me of her lyffe.

Witness S[ir] John[e] Sp[ar]ke, curate of Beny[n]de[n], Will[ia]m Daye the yongar, Stephen Bygg and other.

Concordat cu[m] originali [It agrees with the original].

Probatu[m] fuit sup[ra]scriptu[m] test[amentu]m iiijto Junii Anno p[re]d[icto] Jur[amen]to Will[ielm]i Daye Ju[nioris] et Steph[an]i Bygg Ac app[ro]bat[um] etc
Onus execut[i]o[n]is eiusd[em] co[m]missu[m] etc execu[tori]b[us] p[re]d[i]c[t]is in forma iuris Jurat[is]

[The abovewritten will was proved on the 4th of June in the year aforesaid by the oath of William Daye junior and Stephen Bygg, And approved etc.
The burden of execution of the same was committed etc to the executors aforesaid, they being sworn in form of law.]

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Will of William Daye
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