Brook Will 1572

Will of Marten Brooke

of Woodnesborough, Kent


Source: Archdeaconry Court of Canterbury, Canterbury Cathedral Archives PRC 16/59 B/5 or: PRC 17/ 41/310
Submitted by Steve Clarke
In the name of God Amen The one and Twentye daye of Maye in the yeare of our Lord God a thousand five hundred three Score and Twelve [21st May 1572] and in the fourtenth yeare of our gratious Sovreigne Ladye Elizabeth by the grace of God of England, Fraunce and Ireland, Quene, defender of the fayth etc.
I Marten Brooke of the parishe of Woodnesborough nere Sandwich in the Countye of Kent Yeoman being weake in Bodye but of good and perfect remembrannce (laud and praise be unto almightye God) do make and ordayne this my last will and Testament in manner and forme folowing (that is to saye)
First I comend my Soule to Almightye God my Saviour and Redeamer through whose p[re]tious bloude sheading I trust assuredlye to be saved, And my body to be buryed in the Church yard of Woodnesborough nere to my first wyfe

Item I give to the Reparations of the parishe Churche of Woodnesborough tenne shillings to be payd within one yeare next after my decease
Item I give to the pooremens boxe of the sayd parishe tenne shillings to be payd within one yeare next after my decease

Item I bequeath to Dennys my wife Twentye poundes of good and lawfull monye of England to be payd to her or her assignes at the feast of Saynte Michael th[e ]archangell next after my decease
Item I give and bequeath unto the sayd Dennis my wife foure keyne [cows], twelve ewes and my white gelding, three bacon hogges, thre lyneware, one Sowe and three geese to be delivered unto her imediatlye after my decease
Item I bequeath unto my sayd wife, two quarters of wheate, and two quarters of maulte, to be delivered unto her at michaelmas next after my decease
Item I will that my sayd wife shall have two loades of wood for her burning to be delivered unto her imediatlye after my decease

Item I will that my sayd wife shall have convenient house rome in the house wher[e] I nowe dwell & convenient pasture & fe[e]ding for the Cattle which unto her I have before bequeathed, to be appointed unto her by my executors, untill the feast of St. Michaell tharchangle next after my decease
Item I will that at the feast of michaelmas as aforesayd, my wife shall leave, forsake & go from the sayd my nowe dwelling house without stripping wast or hurte of every thinge save onlye that which by this my last will and Testament I have to her bequethed

And for the dischadge of one obligation wherein I and others my freindes stand joyntlye bounde I will that the said Dennys my wife shall have to hold during her life all that my landes and Tenements called Butlers severallye and a part lying and being within the parishe of Woodnesborough with all and singular the appurtenannces ther[e] unto belonging paying therfore halfe yerelye during her life unto Silvester Bro[o]ke my sonne three poundes sixe shilinges and eight pence of good and lawfull monye of England, that is to saye, at the feast of St. Michaell tharchangell and Th[e ]annuntiation of oure Ladye a xxxiijs iiijd [33s 4d] by even portions to be payd

Alwayes Provided that Alice Brooke my daughter and the Widowe of James Halles late of Staple deceased, shall have the dwelling and occupying in and of the house and land therunto appertayning wherein she doth nowe dwell with thappurtenanncs therunto appertayning during her life, without payinge any rent.

And be it further provided by this my last will and Testament the sayd Dennys my wife shall not make any strippe or wast of enye my woodes or under woodes that are growing and standing uppon enye of the sayd landes called Butlers without the consent or appointment of the sayd Silvester Brooke my sonne his heyres or assignes

But if it fortune that the sayd Dennys my wife happen to marrye, Then I will that my sonne Silvester shall enter in and uppon the sayd Landes and Ten[emen]tes called Butlers and uppon thapptenncs therunto belonging and appertayning, and the sayd Dennys my wife utterlye to expell and put forth
Provided alwayes and my will is that the sayd Silvester his heyres executors or assignes Paye or cause to be payd to the sayd Dennis or her assigns yerely during her life thirty three shillings and foure pence of good and lawfull monye of England halfe yerelye to be payd (that is to saye) At the feast of St. Michaell tharchangell syxtene shillings and eight pence; and at feast of thannunciacion of our ladye syxtene shillings and eight (pence)

And for none payment of the same some of a xxxiijs iiijd I will that it shalbe lawfull to and for the sayd Dennys my wife in and uppon the sayd house and landes called Butlers to distrayne, and the distress there so taken and had to lead, dryve, beare, carrye awaye and withold, till such tyme as the sayd yerelye annuytye of thirtye three shillinges and foure pence, and everye part and percell therof, and the arrearages of the same be fullye payd and discharged

Item I will and bequeath to everye one of Jarvis Brooke his Children, that is to saye, to Marten Broke, Reymond Broke, Edward Broke, Cicelye Broke and Elizabeth Broke twentye shillinges a pece to be payd and put forth for their behalfe and profitt imediatlye after my decease
And if it fortune that enye of them decease before they come to lawfull age Then I will that the portion of him or them so deceased shalbe equallye devided to the Survivor or Survivors of them or to thassynges [the assigns] of the longest liver of them

Item I will unto everye of Silvester Broke his Children, that is to saye, to Robert Broke and Thomas Broke twenty shillings a pece to be payd and put forth for their behalfe and profitt imediatlye after my decease
And if it fortune that enye of them decease before they come to lawfull age Then I will that the portion of him so deceased shall remayne be to the longest liver of them and to his heyres

Item I give to Alices Halles my daughter five poundes of good and lawful monye of England, one fether bed and a payre of sheetes, and one Cowe to be delivered unto her imediatlye after my decease
Item I give unto Margarett Pennye my daughter five poundes of like lawfull monye of England, and on[e] yeres terme of the sayd house and landes in which Richard Pennye her husband nowe dwelleth, over and above the sayd five poundes
Item I give to Margarett Elner my wifes daughter three ewes, a diaper table cloath and a blacke semed sheete, which was her mother’s to be delivered within three monthes next after my decease

Item I give and bequeath Henrye Beard my Servant one good Cowe, fyve ewes, half a quarter of wheate and halfe a quarter of maulte to be delivered within three months next after my decease
Item I give and bequeathe unto everye of my god Children a xijd
Item I will and bequeath to everye of my Servants that shalbe in service with me at my decease foure bushells of barleye a pece to be delivered within thre[e] monethes next after my decease

Item I give unto Margarett Halles the daughter of Alice Halles my daughter a xxs of lawfull monye of England
and to Thomas Pennye the sonne of Margsaret Pennye my daughter a xxs of like lawfull money of England
to be payd and putt forth for their behalfe and profitt ymediatlye after my decease
And if yt fortune anye of them (that is to saye Margarett Halles and Thomas Pennye) to dye before they come of lawfull age and without heyres of theur bodyes lawfullye begotten that then the portion of them and everye of them shall remayne and be to the next heyre or heyres of the same my two daughters Alice and Margaret lawfullye begotten, and to the heyres and assignes of every of them

It is my meaning that my wife shall not have enye part of my Cattels, neyther of the Corne growing uppon enye p[ar]te of my landes, but only that part and portion which severally I have bequeathed unto her

All the rest of my goods, Cattles and moveables ungiven and not before bequeathed, my debts legacyes and funerall expences fullye payd and discharged, I will to be by the indifferent award of thre(e) honest men equallye shifted and devided betwene the sayd Dennis my wife, and the sayd Jarvice Brooke and Silvester Broke my two sonnes except and reserved my best coverlett, the new Cupboard that standeth in the hall, the Cupboard in the parler, the bedstedle wherein I nowe lye and the Tester thereto belonging, a playne table, the Counter table, the malte querne, the grinding stone and all other things playning to the husbandry, where things so reserved and expressed I will shall wholye remayne and be to my house called Flemminges and to the possessor thereof for ever

and of this my last will and Testament, I make and ordayne Jervice Broke and Silvester Broke my two sonnes my Executors and William Hyld theelder of Estrye [Eastry] I make and ordayne my Overseer, unto whom I will the keyes where under all my writings be shalbe delivered by my sayd wife, for whose paynes herein to be taken I will unto him xls [40s]

And I utterlye revoke, denounce and make frustrate all and everye former will & willes, executors and overseers whatsoever, these beinge Witnesses
William Hild; Walter Harryson, vicar there; Hughe Hall and Richard Pennye

And touching the disposition of my landes, I will that Jarvis Brooke my eldest sonne shall have my Messuage and Ten[emen]te called Fleminges and all the lands therunto appertaining which late I purchased of Christopher Engham, gentleman, sett lying and severally being within the parishe of Woodnesborough aforesayd and Staple within the sayd Countye of Kent, and tenne acres of land called Stephens p[ar]cel of the lands of Ringle meare, the sayd messuage and Tents called Flemings and the landes therunto appertayning together with the sayd p[ar]cell of land called Stephens contayning by estimacon tenne acres, be it more or lesse, to be had and holden by him the said Jarvis Broke, his heyres and assigns for ever

Item I will and bequeath unto Silvester Broke my sonne all that my landes and Tents. called Ringle meare severally sett lying and being within the parishe of Woodnesborowe aforesayd and all thapprtenannces therunto belonginge
excepted and reserved unto my sonne Jarvis Broke and to his heyres, the pece of and called Stephens as before I have bequeathed
which lands and Tents. so called Ringlemere I will shall remayne and be unto the sayd Silvester Broke my sonne, and to his heyres for ever except as before is excepted

Also I will and bequeth unto the sayd Silvester Broke my sonne, all that my house called Butlers with the landes and Tents. therunto appertayning to be had and holden to hym and his heyres or ever, except and reserved the dwelling of the sayd Dennis my wife during her Widow ho[o]d and thannuitye [the annuity] to her before reserved if she shall happen to marrye during her life, and excepted and reserved unto Alice Halles the widow of James Halles late deceased the Tent. and landes wherein she nowe dwelleth and occupyeth duringe her life

And I will that the said Silvester Broke shall kepe the reparations of the sayd house Tent. called Butlers during all the tyme that the sayd Dennys my wife shall have her dwelling therein
And I will that Alice Halles my daughter shall kepe the sayd house and Tent. wherein she nowe dwelleth well and sufficientlye repayred and amended during the tyme of her possession thereof

In Witness whereof, unto these pnts. [presents] I have sett my marke and the same have sealed with my owne hand, the daye and yeare above written, these being witnesses:
William Hyld; Walter Harrison, vicar there; Hughe Hall and Richard Pennye

Note: Additional parts in Latin onitted

Probatum fuit: 8th October 1572.

Transcribed by Shelagh Mason 22nd June 2021


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Will of Marten Brooke
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