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Will of Laurence Daye

of Benenden, Kent

Source: Archdeaconry Court of Canterbury PRC 17/31/104
Submitted by Roy Day
In the name of God amen, the 21th daie of Auguste in the fyfte and Sixte yeres of the rainge of o[ur] soverain lorde and Ladye Philippe and Marye, by the grace of God, King and Quene of Ingland, Spaine, Fraunce, bothe Cicelles, J[e]r[usa]l[e]m and Ireland, defendo[ur] of the faith, Archedukes of Austrie, Dukes of Millane, Burgu[n]dye and Brabante, Counties of Haspurge, Flaunders and Tyroll,
I, Laurence Daie, of Benynden in the Countie of Kente, beinge hole of mynde and p[er]fecte of remembraunce, thankes be to God, do make and ordeine this my present Testamente and Laste will in manno[ur] and forme folowinge.
Firste I bequethe my soule to almightie God my maker and Redemer, and my bodie to be buried in holy buriall within the Churcheyearde of Benynden aforesaid.

Allso I will to Alice my wiffe her Dwellinge in my house that I now dwell in for the hole terme of her wydowhode and no longer,
That is to saie, my two newe chambers, with free goynge and co[m]mynge at all tymes duringe the said terme, with fier and fier Rome in the ketchin There, and Rome in the same ketchen to do her necessary Busynes there, and free goynge and Co[m]mynge To the waters there to washe and wringe, and Rome in my garden there to hange and drie her Clothes duringe the said terme.

Allso I will that mye Executors shall suffer Alice my wiffe to have a sufficient parte of Al manner of frute growinge In my garden there everie yere during the terme of her widowhode, yf there be myche she to have a good parte, and yf there be litle she to have a Litle parte.
Allso I will to Alice my wiff one Annuall Rente of fower poundes by the yere everie yere duringe the hole Terme of her Naturall Lyffe, to be Levied and had owte of all my Landes and Tenementes lyinge and Being in Benynden and Biddenden Quarterlye Everie yere duringe the terme aforesaid bye equall porc[i]ons, to be paid to the same Alice or To her assignes,
And if it fortune the said Annuall Rente to be behinde unpaid by the space of 14 daies after anye of the said termes of paymente aforesaid in w[hi]ch It oughte to be paid, That then and so often It shalbe Lawfull to the said Alice or her assignes to enter into the same Landes or anye parte or p[ar]cell thereof, and there to distreine, And the same distresse there by her or them So Lawfullie taken from thense to Leade, drive and bere or carrye awaie, and the same To kepe and witholde untill the said a[n]nuall Rente and everie parte thereof That then shall happen to be behinde be fullie satisfied, Contented and paid, with the Costes and Charges by that occasion had.

Further I will that yf anye of mye Sonnes that afterward herin shalbe named doo or will Refuse to paie or cause to be paid to Alice my wiffe the moytie or parte of the saide annuall rente that before to her is willed, the whiche shall happen to rise or to be had oute of his parte that afterwarde in this presens To him bye mye shalbe geven,
That then I will that he or theye that so refuseth to doe that after suche delaie or striffe begynnynge that mye other sonnes shall have full power by the vertew of this my Laste will to enter in and uppon his or theire p[ar]te or p[ar]tes that in this mye present will to him shalbe geven and It to have and to holde to them and to theare heires for ever, anye thing in this my present Testamente or Laste will after written to the Contrarye notwithstanding.

Further I will that my wiffe shall make and Seale to everie of mye Sonnes a sufficiente release or bonde in the Lawe of all her ioynters, dowers or anye other encombrances at anye Tyme before the makinge of this presentes by me to her made within one monethe nexte after my decesse.
Item I will to Alice my wiff one of my beste kyne, at her choise, And my sonne greate John Daie to kepe that Cowe bothe winter and somer at his costes and charges in the landes aboute my principall messuage sufficientlie and well duringe all the terme of her widowhode.

Item I will to greate John Daye mye sonne my principall mesuage, garden, workehouse with all the Impleme[n]tes, with all there appurten[au]nces, and five peces of Land, with there appurten[au]nces, that is To saye, the Hardle Crofte, the Tainte Crofte, the Reding Land, Morelens Wood and another pece called the Ov[er]ystond, to have and to holde To the said John Daie and to his heires for ever.

Also I will to my sonne Callye[d] litle John Daie and to his heires for ever one Tenemente of landes and woodes, with a lodge, lyinge and being in Biddenden, called Partriche Land, uppon Condicion that hee suffre Stephen Bateman Quietlie to have awaie all suche woodes as I to him have solde accordinge to the Indentures thereof betwixte him and me made more playner It is to be sene.

Allso I will to William Daye my Eldeste sone, and to his heires for ever, my house and mell, with all the Implementes to It belonginge, and Thre peces of land, with there appurten[au]nces, That is, the Stileh[a]m, the Beshendens Crofte and the Strode.

Item I will to Gervice Daye my sonne my two Strode Grove woodes, and one peace of land lying betwene the said woodes, and a lodge, and an other peace of land called the Trowh[a]m, with there appurteb[au]nces, To him and to his heires for ever.

Item I will to Richarde Daie mye sonne and to his heires for ever my house, garden and Landes, with there appurten[au]nces, that Edmunde Binchkine Nowe dwellith in, and my Landes and woodes Lyinge and growing in Biddinden Called Castilldens Crosse.

Allso I will that mye thre elder Sonnes, that is William Daie and greate John Daye and Litle John Daye shall seale everie one of them to other a release of everie mans parte within one monethe next after mye decesse, and he that refusethe so to doe I will The other of my sonnes that be Quiet shall have full power by the vertewe of this my Laste will to enter in and uppon his or there parte or partes that so refusethe to doe, And yt to have to them and to theire heires for Ever.

Item I will to everie one of mye daughte[r]s, That is to Joane Daye, Agnes Daye, Maryan Daye, Anne Daye, Katherin Daye and Marye Daie, to eche of them three pound 6s 8d, to be paid to everie of them by my Executors or Theire assignes as they shall Come to theire Ages of 21 yeres or at the daie of there Mariage, the whiche first shall happen.

Also I will Immediatlye after my decesse all my Instuffe of houssholde shalbe Laid bye honeste men with mye Executors and ove[r]sear in two partes equallie, And the one parte after It is so devided, I will It to Alice my wiffe and To her assignes for ever, And the other parte of the said two partes I will it Equallie to be devided amonge my five sonnes.

Allso I will that my executors shall lett for the my two yonger Sonnes parte of Landes untill they co[m]me to there Ages of 21 yeres, And than they or theyre assignes to yelde to ether of them a trewe accompte.
Allso I will that mye Executo[ur]s shall receve the hole profitte of all mye Landes yf that mye moveable goodes will not extend to paie my debtes and Legacies untill They have so moche as will paie mye debtes and legacies, and then they that be of age To have there partes.

Item I will to John Daie th’elder my Lome with all the tacklinge To yt belonginge.
Further I will to the same Johan all the tables, forme, trestelles and shelves that belonginge to my principall house, with the furnyse, Coupes, querne and Knedeshippe.

Allso I will all the residewe of mye moveable goodes not geven nor bequethed I will it to remaine to the paying of my debtes and Legacies and fulfillinge of this my presente Testamente and Laste will.
Allso here co[n]stitute, make and ordeine to be my Trustie and trew Executo[r]s William Daye mye sonne and greate John Daie my sonne and Roberte Doggett to be mye oversear that mye Executors do iustly and trulie fullfill this my presente testamente and Laste will,

Provided alwaie that yf Alice my wiff or anye of mye sonnes be nott Contented and kepe themselves Quiett w[i]th That parte or partes that I have before to them geven in all thinges and shalbe all everie one of them Release as is aforewritten,
That Then I will and ordeine that he or she that so shall gooe aboute to seeke Counsell to Breake and alter this my present testamente and Laste will, I will Immediatlie that he or she that so dothe shall have no parte of my moveable goodes nor landes that I in anye parte of this mye presente testamente and will to them have geven,
But that her parte or his that so begynne thus To Strive shall remaine to my other sonnes and to their heires for ever, Anye thinge in this presence to the Contrarye Notwithstanding.

Allso whereas I graunted to Alice my wiffe at the tyme of o[ur] mariage £23 10s of good and Lawfull monye of England, I will that mye Executors shall paie to Alice my wiffe the same £23 10s as folowethe, that is to saye, £4 everie yere till the £23 10s be fullie satisfied and paid, over and above the said Annuall Rente before to her willed.
Furthermore I will that my olde bakehouse standing at my house called Symmis shalbe taken downe and caried to my myll, and there to be sett uppe againe for to bee a shoppe for my sonne William to weave in.

These being present at the makinge hereof and beringe wittnes to the same,
Edwa[r]d Bigge, Gervice Daye, William Lede and Robe[r]t Dogget cum aliis [with others].

Probatu[m] fuit p[rese]ns testamentum sup[ra]script[um] duodecimo die mensis Januar[ii] Anno d[omi]ni 1558
Juramentis Edwardi Bigge et Jervasii Daie testiu[m] etc
Ac approbatum etc Onus executionis eiusdem co[m]mittit[ur] Executor[ibus] primit[us] in forma Juris Jurat[o] etc

[The present abovewritten will was proved on the twelfth day of the month of January in the year of our Lord 1558,
By the oaths of Edward Bigge and Jervase Daie, witnesses etc,
And approved etc. The burden of execution of the same is committed to the executors, they being first sworn in form of law etc.]

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Will of Laurence Daye
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