Will of John Austen

of Boughton Aluph, Kent

Item I will to the highe aulter There for my tithes and oblations necgligentlye for gotten or w[i]th holden a iijs iiijd [3s 4d]
Item I will in Leke mann[e]r to the highe aulter of the parishe churche of Eastwell for tithes oblations and dette for gotten other a iijs iiijd
Item I will to the churche wardens of Boughton Aluphe aforeSayed for the tyme beinge at suche tyme as the belles shall fortune to be towrned Towards the p'formance of the same a vjs viiijd

Item I will unto Emlen and Clemente the daughters of my sonne Wyllyam Austyn or to the longest lyver of them, in consideracon of the encrease of the twelvmonthlinge budds (calves) Remayninge in my handes, that was there fathers, at the day of maryage, as at the age of xviij yeares, forty shillinges evenly to be deviced betwene them

Item I will unto Roger Ellys to pray for my soule & for all xpien [Christian] Soules one quarter of whete, and one quarter of maulte to be payed unto the sayed Roger wythin one yeare next after my decease
Item I will unto Babedge Barnes my Sarvannte in pence and penyworthes xxs to be payde wtin iijti [3] yeares after my decease (That ys to saye) evry yeare a vjs viiijd unto the saide xxs be fully contented and payde
Item I will ther(e) be geven unto poore people by the discrecon of myne executrix xs

Item I will that my brother Thomas Austen se(e) that myne executrix do paye theis my bequethes to the poore as aforesayd wtin one yeare nexte after my decease to Whome I will for his Labor and paynes therein taken vjs viiijd whiche Remaignethe in his owne hands
Item I will ther(e) be bestowed at my buryall and at my mon[th]esdaye in masses dirige and other charytable deades by the discrecon of myne executrix xvjs viijd
Item I will that Emlyne my wyf shall kepe one yearely obyte of viijs the yeare durying the hole terme of her Lif to praye for my Soule and xpian [Christian] soules

The Resydue of my moveable goods my dettes and Legaceis and my funrall expencs contented and payd I do gyve unto Emlyne my wif whome I do ordaigen and constytute my true and faythfull executrix of this my Laste will and testamente
And Thomas Austen my brother thovrsear [the overseer] of the same

Theis bei(n)g Wytnes: Sir Hughe Davyd; Thomas Marchall; Thomas Tylinden and George Hall

This ys the Laste Will of me John Austen of the parishe of Borten Aluphe wythin the countye of Kente made the fifte daye of Februarye In the yeare of our Lord God a thowsand fyve hundrethe xlix [1549] For the dysposytyon of all my Lands and ten[emen]tes

Fyrst I will to Emlyne Austen my wyf all my Lands and Ten'ts sette Lyeng and beyng wtin the p[ar]ishe of Borten Aulphe and Ostwell [Eastwell] or els where wythin the countye of Kente duryng the naturall Lif of the said Emlyn Excepte and refused allwaies one pece of Land called Sourleys which I will to Thomas Austen my brother to fulfill my bequethes to the poore duryng her Lif
She keping all maner of Rep[ar]acons sufficyently (that ys to saye) wyndetighte and watertighte wythoute any maner of Strepe or waste to be don(e) dischardging the Rente yearly whiche shalbe due to the cheif Lords of the fee duryng all the said terme of the Lif of the same Emlyne And that she nether vexe or trobell my brother Thomas Austen for any maner of bonnde or dutye concernyng thassurannce of her Joynter or otherwise

And after the decease of the sayd Emlyne my wyf I will that Thomas Austen my brother shalhave all my forsaid Lands and Tentes To be had to him his heires and assigns for ever Under this condycon folowing That ys to saye
the sayde Thomas Austen his heires executors or assigns shall paye or cause to be payd yearly to Emlyne Austen and Clemence Austen the daughters of Willm Austen my sonne to eythr of them vjs viiijd unto the tyme they be maryed, to be payde by evyne porcons at too usuall termes of the yeare which shall full ymedyatly after the decease of Emlyne my wyf
And for Lacke of paymente of the sayde vjs viiijd of anye p[ar]te or p[ar]cell thereof at any terme in which yt oughte to be payd It shalbe Laufull to the said Emlyne and Clemence and to eyther of them and to theur assigns to entere unto my Tente called Olberts Halle and xiiijti [14] acres of Land and one acre of medowe Lyeing in West Broade mede at a placed called Cranehill to the sayde Tente Ladye [Laid], sette, lyeng and beyng in the parishe of E[a]stwell and unto evry pcell therof
And to distreigne and the distresse so ther(e) taken Laufully to dryve, leade, carye and have from thence and hit to deteyne and kepe unto arrerage of the sayd vjs viiijd then so beyng behind and unpaide forth wythe the costs expencs and damag[e]s by that sacssyon? had and susteyned be unto the sayd Emilyne and Clemence and to eyther of them and to their assigns therof fully saisfyed contented and payd

Also the sayde Thomas Austen his heires executors or assigneis shall paie or cause to be payde to the sayde Emilyne and Clemence and to eyther of them vli [£5] of Laufwull money of yngland wythin half a yeare after they be maryed So that they marye not before thage of xviij yeares and to eyther of them Twelmonethes after the seconde paymente iijli [£3] And for Lacke of payment of annye of the payments at anye tyme above specyfyed yt shalbe Laufull for the sayde Emlyne and Clemence and to eyther if them and to ther(e) assign(s) into the foresaid Tente called Olberts halke and the Lands therto Laide to entyre and then to possede taking all thyssues [the issues] and pfectts [profits] therof comyng unto the tyme the Summes of money in maner and forme above specyfyed be fully contented sattisfyed and payd

Also yf anny of the sayde Emilyne and Clemence fortune to dye before she be maryed Then I will her pte shall Remaigne to the other
Provyded alwayes that yf they fortune to mary Before thage of xviijti yeares Then to have no money above specyfyed before they come to thage of xviij yeares and a half

Also the sayde Thomas Austen his heires executors and assigns shall paye or cause to be payd to Symon Lambe my daughters son xli [£10] in maner and forme folowing (That ys to saye) when he comyth to thage of xxvijth [27] yeares vli and other vli wythin twelmonthes after
And for Lacke of payment of the saude Sumes of money in maner and forme above specyfyed yt shalbe Laufull to the sayde Simon to entire [enter] into a pece of Lande called Sairleys Lyeng in the parishe of Borten Aluphe and hit to possede [possess] and enyoye tackyng all thissues and p[ro]fects therof comyng unto the tyme the sayde money is in maner and forme above specyfyed be fully contented sattisfyed and payde

And yf the sayde Symon dye wtin the age of xxvij yeres and wtowte heires of his body Laufully begotten Then I will vli of the sayde xli to Leonarde Lambe the father of the sayde Symon Lambe to be payde to hime at suche tyme as yt sholde have byn payde to his son And other vli to be bestowed in the highewayes betwyne Borten Leas [Boughton Lees] and Walter Austens in suche places as shalbe thoughte moste nedefull

Also the sayde Thomas Austen his heires executors or assigns shall paye or cause to be paid to George Austen his son xxs when he comythe to thage of xvj (or xviij) [16 or 17] yeares And to Amye Austen his daughter vli at the daye of her maryage or wtin yeare after
Also the sayde Thomas his heires executors or assigns shall paye or cause to be payd to eyther of his daughters Thomasyne, Joane and Katheryne xvjs viijd at the daye of their maryages

Also I will that Thomas Austen his heires executors or assigns shal bestowe or cause to be bestowed yearly ymedyatly after my decease the space of Tenne yeares evry quarter ijs to the poore people of the parishes of Borten Aluphe and Estwell
whereas the wythe? Clemence or anye for them or in ther(e) names do make further clayme or tytle for anye maner of possessyon otherwise then in this my will is to them bequethed then I will that they and evry of them that so makythe clame shall Lose and forfeite ther(e) pte or ptes of the xli [£10] to them before bequethed

Theis beyng wytnesses Thomas Tylman; Sir Hughe David; Thomas Marchall and George Hall

Probatum fuit: 13th March 1549/50

Notes:
This Will is written in two entirely different hands – but both are quite legible.
The Year in 2nd half of document does not agree with that given in the first part, nor the Regnal year.

Transcribed by Mrs. Shelagh Mason 3rd February 2023

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