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Will of Symon Daye

of Benenden, Kent

Source: Archdeaconry Court of Canterbury PRC17/39/34
Submitted by Roy Day
In the name of God Amen.
The 22th day of November in the eighte yeare of the reigne of o[ur] Sovereigne Lady Elizabethe, and in the yeare of o[ur] lorde God A thowsande fyve hundrethe thre score fyve.
I, Symon Daye, of the parishe of Byddenden, w[i]thin the county of Kent, Mercer, beinge sycke in body, but parfect in Remembr[a]unce, thanckes be unto all mightie God, doe make this my testament and last will in manner and forme followinge.
Fyrste I bequethe my sowle into the handes of all mightie God my creato[ur], salvyo[ur] and redemer, and my body to the earthe where it shall please God.
It[e]m I will that at my buryall day there shalbe bestowed in breade and drynck and other vyttalles 20s, to suche as will receave, And also 6s 8d to an honest substancyall learned man to preache one sarmon of Godes true and lyvely worde, to the edefyenge of those that then shalbe present.

It[e]m I will that my bedstedle in my gesson chamber, my shelves in my newe buttery, my shelves in my aple chamber, my bynches, table, forme and trestels and shelves in my haule, and the shelves and planckes in my lytle entrye toward the kytchin, and all the planckes, tables, bordes and trestelles in my mylke chamber, and also my morter and pestle, and too cownters, and all my shelves belonginge to my shoppe, and the bordes that ar nayled on the walles of the same shoppe, and all the glasse in the wyndowes of my saide house, and my too longest ladders, It[em] I will these p[ar]cels shall remayne in there places unto my said house.

It[e]m I will ymedyatly after my decease my executor, w[i]th my admynystrator, and my oversear, shall call eight honest men, and make a true and parfect Inventory of all manner of goodes and Cattalles, bothe w[i]thin the house and w[i]thout,
All whiche goodes I will to be soulde to the performa[u]nce of this my last will, and to pay my dettes (excepte those parcels before excepted), my will is that when my Inventory is made, that my wiffe shall have the forsakynge of anny parte or p[ar]cell of my goodes, soe as she will take it as it is prysed in parte of payment of her hundrethe marke.

It[e]m I will and bequethe to the poore mens boxe 10s.
My wiffe beinge payde, I will that my executor pay all the rest of my dettes in as shorte space as may be.
Also my will is that my executor, w[i]th my oversear, shall pay unto Jane Hunte twenty poundes of good and lawfull monny of Ynglande at the day and place apoynted, as by o[ur] wrytinges betwene us dothe more playnely apeere, w[i]th the rent that shall be then due.

And soe to cleere my house I constytute and ordeyne to be my executor Rychard Day my eldest sonne, to p[er]forme this my last will and testament, And I will he to have for his paynes in this, truly doinge his duty, 20s.
Also I desyre Leonard Day my brother to be my oversear, to helpe my executor, and for his paynes I will he shall have 6s 8d and his charges borne when soe ever he lett about itt.

This ys the laste wyll of me, the fore saide Symon Day, made the day and yeare above wryten, Concerninge all my landes and Tenementes.

Fyrste I will my wiffe to have her dwellinge in my house one quarter of a yeare next after my decease, if she will tarry so long in itt, and then after the ende of the saide quarter I will my house and my landes to be letten out to farme to him that will geve moste for itt by Leonard Day and John Leede of Byddenden, and the farme there of growinge to be holy paide to Anne my wiffe for the space of eighte yeares then next ensuinge, toward the kepinge of my children that I have had by her (All waye excepted and res[er]ved, to be had out of the fore saide farme, thirty shillinges a yeare, to be paide to one Jane Hunte, for the terme that her wrytinge makethe mencyon, and the needefull rep[ar]acyons of my howsinge to be kepte, and also twenty shillinges a yeare to be payde unto him that will take my son Symon to keepe and bringe upp for the space of 4or yeares.

It[em] I will that my house, and all my landes, w[i]th all the buyldinges upon the saide landes be had to all my sonnes, to them and to there heyers for ever, when as they com[e] to there ages of 22ti yeares (except my sonne Rychard, the whiche must tarry till the fore saide eighte yeares proffytt to my wiffe wylled be expyred); as for all the other, I will that they shall have itt as they com[e] to there age of 22ti yeares,
Provyded all wayes, and my will is, that if anny of my children fortune to departe this naturall lyffe before he com[e] to the age of 22ti yeares w[i]th out yssue of his bodye lawfully begotten, Then I will that his or there partes soe dyenge shall remayne to the rest of my sonnes, by whiche wyfe soe ever they were, to be equally devyded,

Provyded all wayes, and my will is, that after the eighte yeares be expyred before appoynted to my wiffe, that the farme co[m]mynge and gowinge of my house and land[es] shalbe receaved by my executor untill suche tyme as my other sonnes accomplishe there ages afore saide, and as they and either of them accomplishe there age of 22ti yeares, I will that he shall make unto them and either of them a juste and true accompt,
Provyded all wayes, and my will is, that if the childe that my wyffe nowe is w[i]th childe with all be a daughter, Then I will that same daughter to have twenty marke of lawfull monny of England, to be payde unto her at the age of twenty yeares or at the day of her maryage, whiche shall fyrste fortune to com[e], the whiche I will shalbe borne equally by all my sonnes,

Provyded all wayes that if my saide wiffe fortune to dye before the eighte yeares be expyred that I have wylled her to have the farme of my house and landes, Then my will is that soe much p[ro]ffitt as is then to com[e] of the eighte yeares shalbe paide unto him or them that kepethe the children that I poynted to my wyffe to keepe.

These being wytnes, Symon Hampton, Edmond Anovo[ur] and Wyllyam Boddenden.
Ex[aminatu]r [It is examined]

Probatum fuit p[rese]ns supra scriptum testamentum coram m[agist]ro Vince[n]tio Denne in legibus Baccalaureo Reverendi d[omi]ni Arch[idiaco]ni Cant[uariensis] Officiali l[egi]time deputato Nono die mens[is] Dece[m]bris Anno d[omi]ni Mill[es]imo quingen[tesi]mo Sexagesimo quinto Juramentis testiu[m] sup[ra]no[m]i[n]ator[um] Ac app[ro]batum etc Et quia Ric[hard]us Daye executor sup[ra]no[m]i[n]atus in sua minori etate existit quominus onus executio[n]is eiusd[em] testamenti in se assumere ac intenc[i]o[n]em h[uius]mo[d]i testatoris p[er]implere minime valeat Ideo admi[ni]stracio omniu[m] et singulor[um] d[i]c[t]i defuncti bonor[um] tam dict[um] defunct[um] q[ua]m suu[m] testa[men]tu[m] h[uius]mo[d]i concernen[tium] duran[te] minoritate d[i]c[t]i executoris Anne relicte d[i]c[t]i defuncti in dorso testa[men]ti al[ia]s sub sigillo emanat[a] co[m]mittitur P[ri]mit[us] ad tacta dei evangelia de bene et fideliter admi[ni]strand[o] et p[er]implend[o] testa[men]tu[m] h[uius]mo[d]i in iuris forma iurat[e] Dat[um] etc

[This present above-written will was proved before Master Vincent Denne, Bachelor of Law, Official, lawfully deputed, of the Reverend Lord Archdeacon of Canterbury, On the ninth day of the month of December in the one thousand five hundred and sixty fifth year of our Lord, By the oaths of the witnesses abovenamed, And approved etc. And because Richard Daye, the executor abovenamed, is in his minority of age, so that it is of little worth his assuming the burden of execution of the same will and performing the intention of the testator, Therefore the administration of all and singular the goods of the said deceased, concerning both the said deceased and this will, during the minority of the said executor, which was issued at another time under seal on the back of the will, Is committed to Ann, the relict of the said deceased, She being first sworn, in form of law, touching Godís holy gospels, well and faithfully to administer and perform the will. Given etc.]

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Will of Symon Daye
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