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Will of Stephen Day

of Biddenden, Kent

Source: Archdeaconry Court of Canterbury PRC17/24/179
Submitted by Roy Day
In the name of God Amen,
The 5th daye of July in the yere of our Lorde God Ml D xlvto [1545],
I, Stephen Daye, of Biddenden in the countie of Kent, yeoman, do ordeyne and make my testament and last Will in mann[er] and forme folowing.
First I bequeith my soule unto Almightie God and to all the blessed compaigny in heaven, and my body to be buried in the Churcheyard of Biddenden forsaid.
It[e]m I do bequeith for to bestowe at myn[e] out buryinge, in the p[ar]risshe churche of Biddenden aforsaid, in masses, dirige [dirge] and Charitable dead[es] [deeds] 8s, And also in like man[er] att my monthesday 8s, and at my yerismynd [year’s mind] at the discrec[i]on of myn[e] executour.
Also I bequeith unto the sacrament of the highe aulter, for my tithes and oblac[i]ons negligently forgotten and not don[e], 4d.

Also I will that Agnes my wiff shall have, terme of her liff, out of my landes in Biddenden and Byddenden [in error for “Benenden”?], yerely, 20s st[er]linge, that is to saye, out of my landes in Benenden 13s 4d, and out of my landes in Bide[n]den 6s 8d, quarterly to be paide by equall porc[i]ons,
And for lacke of payment therof at any tyme due to be paide and not paide, it shalbe lefull [lawful] unto the saide Agnes and her assignes into the saide p[re]mysses to goo in, and there for to entre and distreigne, And the same distresses ther had, founde or taken from thence, to leade, dryve and cary awey, impound, retayne, holde and kepe untill the tyme that all th’arrerages therof be unto the saide Agnes or unto her assignes fully satisfied, contented and paide, w[i]t[h] the costes and damages therof susteyned.

Also I will that the saide Agnes my wif shall have her dwellinge in my bakhouse in Biddenden, w[i]t[h] fre goinge and co[m]mynge unto it at all tymes for to do all her necessaries and busynes, both for her and her assigneis, duringe her naturall liff, and therfor to be set up a lofte w[i]t[h] a wodden chimney by myn[e] executor by the Feast of Saynt Mighell th’[ar]ch[au]ngell next co[m]mynge after my decease.
Also I will that the saide Agnes for to have an herber roome [arbour, lodging], ioyning next unto the saide house, t[er]me of her liff.
Also I will that the saide Agnes my wif shall have my best cowe that I have in my kepinge, to be kept for her upon the saide landes, bothe wynter and somer, at the charge of myn[e] executor, duringe the t[er]me and liffe of the saide Agnes.
And also I will that the said Agnes shall have a crofte of wheat called Maoreh[a]m and also all my howshold stuf.

Also I will unto my daughter Elizabeth £6 13s 4d to be paide unto her by myn[e] executor, at the day of her mariage if that she do mary before th’age of 21 yeres, or els at the age of 21 yeres.
And if the saide Elizabeth fortune to dye unmaried and w[i]t[h]in th’age of 21, Then I will that the saide £6 13s 4d to remayn[e] unto myn[e] executor.

It[e]m I will that Will[ia]m Daye my sonn have my loame w[i]t[h] all the harnesse that belongith unto it, and also one budde and one maadeflag and a coteclothe of 2 yard[es] and a half of clothe the w[hi]ch is now in the loame.

And I will unto John Day my son all my woll lyinge in my garner, the su[m]me in value £7 6s, apon the condic[i]on that the said John do pay or cause to be paide unto Agnes his mother, at this side and before the Feaste off Christmasse next after my decease, £6 13s 4d for to discharge his brother Will[ia]m’s land[es], the w[hi]ch standith bounde unto Agnes his mother for her moth ioynter,
And if the said money be not paid by Christmas next after my decease, That then I will that Will[ia]m my sonne to have the saide woll and to discharge his saide landes ov[er] against his moth[er], and John Hasildenne for to kepe the key of the gardn[er] wher[e] that the woll is, indifferently for them bothe.
Also I will unto John my son[e] all my movaible good[es] not willed nor bequeithed, he payinge my debt[es] and bequeathes, and to p[er]forme and fulfill this my Last Will and testament, The w[hi]ch John I do ordeyn[e] and make myn[e] Executor, as I do put him in truste.

This is the Last Will of me, the saide Stephan Daye, made and declared the 5th day of July in the Reigne of our Sov[er]aigne Lorde Henry the VIIIth by the grace of God, Kinge of England, Fr[au]nce and Irland, defender of the faithe, and next Immediately under Christ, Supreme heade of the churche of England and Ireland, the 37th yere, concernyng all my landes and ten[em]ent[es], w[i]t[h] th’appurten[au]nces, lying and beinge in Biddenden and Benenden in the countie of Kent.

First I will unto John Daye my sonne my mesuage and all my landes, w[i]t[h] their app[ur]ten[au]nc[es] lyinge and being in Biddenden,
And also I will unto Will[ia]m Daye my sonne my mesuage and all my landes, w[i]t[h] there app[ur]ten[au]nces, lyinge and beinge in Benenden.

Witness at the makinge of this will,
John Hasilden th’eldre [ie sworn for probate purposes],
John a Nowar, Richarde Snode and Thomas Hartdegge .

Probatum fuit p[rese]ns test[amentu]m octavo Junii Anno d[omi]ni Mill[esi]mo Do xlvjto jura[men]t[is] Joannis Hasilden et Thome Hartrege testiu[m] ac app[ro]bat[um] Onusq[ue] exec[ucionis] eiusd[em] co[m]missa executori etc iurato Dat[um] etc

[The present will was proved on the eighth of June in the 1546th year of our Lord by the oaths of John Hasilden and Thomas Hartrege, the witnesses, and approved, And the burden of execution of the same was committed to the executor etc, he being sworn. Given etc.]

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Will of Stephen Day
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